Israel Supreme Court Rules IVF Mix-Up Child to Stay with Birth Parents

The Israeli Supreme Court ruled that Sophia, a girl born after an embryo implantation error during IVF treatment at Assuta Medical Center in 2022, will remain in the custody of her birth mother and her partner rather than being returned to her genetic parents. The court upheld a lower district court decision emphasizing that Sophia's well-being and established parental bonds with her birth parents outweigh genetic ties, especially given her complex medical condition and the fact that she has been raised by them since birth. However, the court mandated the creation of a special framework to allow ongoing contact between Sophia and her biological parents. The ruling was decided by a majority of four to one, with one justice dissenting only on the registration of parental rights, suggesting the genetic father be registered without guardianship. The case highlights legal gaps concerning embryo mix-ups and sets a precedent by applying surrogacy law principles to determine legal parenthood. The genetic parents expressed sadness over the ruling but emphasized their continued concern for Sophia’s well-being and the broader implications for fertility treatments in Israel.