Supreme Court Affirms Birth Parents as Legal Guardians in IVF Mix-Up

In a landmark decision, Israel’s Supreme Court ruled on Sunday that the legal parents of Sophia, a young girl at the center of a controversial embryo mix-up, are her birth mother and her partner, rather than her genetic parents.

The ruling, delivered by a majority four-to-one verdict, brings an end to the three-year legal saga, which began after a fertility treatment error at a medical center in 2022.

The case began when it was revealed that Sophia, who had been carried to term by a woman undergoing fertility treatments at Rishon Lezion Assuta Medical Center, was not biologically related to the couple who had initially sought to have a child.

The mistake, which occurred during the embryo implantation process, only became apparent when prenatal tests indicated that neither the woman carrying the child nor her husband were Sophia’s biological parents.

Sophia’s genetic parents, devastated by the revelation, sought legal recourse in an attempt to regain custody of the child. However, the Family Court in Rishon Lezion, in November 2024, ruled that the child’s genetic parents should be recognized as her natural guardians.

This ruling was based on the opinion of a professional panel which suggested that it would be in the best interests of the child to be raised by her biological parents.

However, the Central District Court overturned that decision earlier this year, arguing that Sophia’s birth mother and her partner, who had raised the child since birth, should have priority over the genetic parents in terms of legal custody.

The genetic parents appealed this ruling, and on Sunday, the Supreme Court confirmed the Central District Court’s verdict, allowing Sophia to remain with her birth mother and her partner.

Judges Yael Wilner, Ofer Grosskopf, and Yehiel Kasher all sided with the decision to uphold the birth parents’ legal rights over the genetic parents, citing that the birth mother and her partner had already established a parental bond with Sophia.

They emphasized that Sophia’s “best interests” were paramount, particularly given her complex medical situation, which had been ongoing since birth.

In a key part of the ruling, the Court also agreed that a special framework should be created to allow Sophia’s genetic parents to maintain close contact with her, thus acknowledging their ongoing role in her life despite the legal outcome.

Judge Alex Stein dissented, agreeing with the decision to reject the appeal but suggesting that the genetic father should be recognized legally as the father of the child, though without guardianship rights.

The Supreme Court’s majority opinion referenced the 1996 Surrogacy Law, drawing parallels between surrogacy agreements and the current case.

The law stipulates that in cases of contested parentage, the birth mother is typically recognized as the legal mother, with the child’s best interests taking precedence in custody decisions.

In the wake of the decision, lawyers representing the birth parents expressed relief, saying that the ruling would allow Sophia to be raised peacefully by the mother who carried her and her partner. They called for reconciliation, urging the genetic parents to accept the outcome for Sophia’s sake.

On the other hand, the genetic parents’ legal team expressed disappointment, stating that the ruling would have lasting consequences, not only for Sophia’s future but also for the broader fertility treatment landscape in Israel.

They insisted that Sophia’s biological family should be the ones to raise her. The mix-up at Assuta Medical Center, which occurred due to a busy workload and procedural errors, led to a Health Ministry investigation.

The inquiry, published in March 2023, revealed that the error likely occurred when two women, both awaiting embryo implantation, were accidentally swapped during the procedure.

The report highlighted significant breaches in protocol and underlined the critical need for reforms in fertility treatment practices.