Court demands fetal genetic testing after IVF confusion

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 Court demands fetal genetic testing after IVF confusion

A district court in Rishon LeZion on Wednesday ruled that the fetus of a woman who was implanted with the wrong embryo should be tested to determine the truth of the other couple's claim that the fetus is biologically theirs

Testing will use the results of an amniocentesis that the pregnant woman has already had earlier in her pregnancy, despite her insistence that testing not be done before the baby is born.

The woman is already in the late stages of pregnancy and is due to give birth soon.

According to Dr. Yosef Hason, who heads the IVF department at Assuta Hospital, it is likely that the confusion occurred during the embryo freezing process. He explained that both the woman who believes the fetus is hers and the pregnant woman have frozen the same number of embryos in one the same day and the same number of days after retrieval. Both women's embryos were frozen by the same employee and stored next to each other in the freezer.

Thus, the court found that the requirement to force the test had been complied with despite the objection of the pregnant woman and her husband to the testing.

Lawyers representing the couple who believe the child is theirs stated: “The District Court has accepted all of our claims regarding the extreme importance of immediate genetic testing to confirm family ties.”

“The court based its decision on three main reasons: our clients' interest in making sure the fetus is genetically related to them; the public interest in other couples whose parenthood has been “frozen” essentially until genetic testing is completed; and, above all, the right of the fetus to know who his father and mother are, and his right to receive the best medical care, taking into account the genetic heritage.

a rare fetal heart defect, an amniocentesis to determine if the fetus has additional problems, and a complex operation performed by a foreign specialist in the correction of fetal heart disease. This operation was performed under general anesthesia at Sheba Medical Center and saved the life of an unborn child.

Assuta's lawyers said: “Assuta appreciates the fact that the request for genetic testing has been accepted. Assuta will obviously work to ensure that the decision is enforced as soon as possible.”

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