Birth parents of baby conceived in IVF treatment appeal court's decision

The ruling determined that Sofia’s parents are those genetically related to her and not those who birthed and raised her.

By RAQUEL GUERTZENSTEIN FROHLICH NOVEMBER 26, 2024 22:35

Baby (Illustrative) (photo credit: Luma Pimentel/Unsplash)

The birth parents of two-year-old Sofia will appeal a Rishon Lezion family court’s decision to place her in the custody of her genetic parents, Israeli media reported on Sunday. 

The ruling determined that Sofia’s parents are those genetically related to her and not those who birthed and raised her, Maariv reported. 

"The benefit of transferring the child to her biological parents and living with them outweighs the harm caused by separating her from her foster parents,” Judge Oved Elias said, adding, “The benefits of living with the biological parents include, among other things, the development of future identity, connection to the family lineage, a shared family story, physiological resemblance, and shared family values.” 

Elias said professionals appointed during the decision-making process agreed that the child should be told her life story and allowed to connect with the birth parents, according to KAN News.

KAN reported the birth mother’s statement, "As a mother, I don’t understand how it’s possible to tear my daughter away from me when I gave birth to her through blood, sweat, and tears. She is the fruit of my womb, whom I have cared for and raised for over two years. As far as I’m concerned, I will wait for justice to be done in the High Court."

Illustrative image of Invitro therapy. (credit: PROFESSOR RONIT MECHTINGER)

"I am Sofia’s mother, the child who is now a sweet girl who underwent her third life-threatening surgery just a few months ago,” she stated. “I am not a surrogate womb, and with all the sorrow for the egg donor, she did not create a child. I conceived, carried, and gave birth, and I will not allow them to take my daughter away from me. It is inhumane. I am heartbroken and mourn this disastrous decision. I will not let my daughter's life be put at risk.”

Sofia's story 

Sofia was conceived in IVF treatments at the Assuta Medical Center, but genetic testing during the pregnancy revealed that the embryos had been mixed up, and Sofia did not genetically match either of her parents.

Due to defects in the baby’s heart, the pregnant woman underwent several surgeries while the baby was still in the womb. After she was born, Sofia underwent additional surgeries and was hospitalized for a month at Sheba Medical Center.

The genetic parents were located in March 2024 - about a year and a half after the embryo mix-up was discovered -and they requested custody of Sofia. 

Avichay Chaim and Jerusalem Post Staff contributed to this report.