The Lod District Court on Monday accepted the appeal by the birth parents of Sophia, declaring that the two-year-old should continue residing with them.
Sophia was born in October 2022 following an IVF mixup at Assuta Hospital, during which the embryo of one couple was implanted into a different woman. The mistake was discovered when Sophia's mother learned that she had severe heart defects and underwent genetic testing to discover the source and whether they were comorbid with other health issues.
In November 2024, a single Family Court judge ordered that Sophia, who has been in and out of the hospital since birth, should be transferred to the custody of her genetic parents. Her birth parents appealed the decision; the genetic parents asked for a complete gag order on the proceedings.
Now, on Monday, the Lod District Court flipped the lower court's decision, declaring Sophia's birth parents to be her parents and ordering that she remain with them.
"The parental rights of the birth mother and her partner should be given preference for quite a few reasons, most important of which is the child's benefit," the District Court decision read, noting that "from a maternal perspective, we should prefer the birth mother over the genetic mother."
The court also noted that "we are discussing with a mother who conceived and carried the child in her womb, without knowing anything about the mistake which occurred and the lack of genetic compatibility between herself and the fertilized egg which was inserted into her womb; she endangered her own life for the child when she agreed to undergo an intrauterine operation to save her, despite the doctors' recommendation that she abort, in light of the heart defects which were discovered."
Judges Varda Plaut, Tzvi Weitzman, and Eli Brand also noted in their ruling that the mother and her partner have been raising Sophia with great devotion and love since her birth, dedicating their lives to her development.
The judges also proposed ruling in principle that from now on, rulings should always be in favor of the birth mother in future cases of embryo mixups, stressing that a child in its mothers womb is no different than a child in its mother's arms after birth, and should not be separated from her.
"In light of the techniques used in artificial reproduction, and the development and concerns of human mistakes which they come with, we must prefer the 'principle of certainty,' under which the birth mother is always the mother of the child," they wrote.
"This provides certainty with regards to future mistakes which may be made during the processes of artificial reproduction, and will not require waiting and searching for a genetic connection upon discovery of the mistake. The genetic tests will be required only in order for the child to know his full life story, and not in order to clarify the identities of the custodial parents."
At the same time, the court recognized the importance of Sophia's connection with her genetic parents, ruling that the local child welfare office will determine the framework under which she will become familiar with her life's story and background, in an age-appropriate fashion and in accordance with her abilities. The genetic parents will have an ongoing connection with Sophia, but her birth parents will maintain full custody and responsibility in raising her.
The ruling ended with the judges wishing good luck to all parties involved and expressing hope that the sides can overcome their difficulties and work together for Sophia's benefit.
The genetic parents' lawyer blasted the decision as "mistaken," promising, "We will turn to the Supreme Court."