Rabbi Prof. Yitzhak Cohen spoke with Arutz Sheva - Israel National News about the halakhic implications of the embryo exchange case at Assuta Hospital, stirring a significant controversy in Israel that has yet to settle. The case raises substantial questions, not only medically and legally but also concerning ethical and halakhic issues related to parental identity and medical responsibility. Rabbi Cohen pointed out that in halakha, the Jewish law, there is a dispute regarding the identity of the mother – is she the genetic mother or the physiological one who carried and gave birth to the child? According to published information on the embryo case, an IVF procedure at the hospital led to an error in embryo identification. Embryos belonging to a specific couple were implanted in another woman's womb, causing significant confusion and unresolved questions about parental status and the continuation of the process. Rabbi Cohen mentioned that in the case at Assuta Hospital, custodians were appointed to the child. They consented to a genetic test on the condition that even if the tested parents were found to be biological, they would not fight to have the child transferred to them. The Supreme Court ruled that the 22 couples requesting the test did not meet the burden of proof needed to demonstrate a reasonable probability of being the child's genetic parents. Related articles: Supreme Court to hear appeal on IVF mixup case Israel's unprecedented IVF mixup case isn't yet over Midwife sends message to Hamas terrorists Teen hospitalized after allergic reaction to hair treatment Eventually, a specific couple came under the suspicion they might be the parents. They underwent testing and were identified as the genetic parents, leading to a dramatic and tragic decision by the court to take the child from the nurturing parents and transfer her to the biological ones. Addressing the halakhic aspect, Rabbi Cohen states, "Most Jewish authorities believe the carrier mother is the mother, even though she lacks the genetic component, as she is the one providing life to the embryo." He also noted, "Another question arose in the case of a surrogate; according to halakha, a child born to a surrogate cannot marry the surrogate's children. Israel tries to track and provide this data to marriage registrars if requested."
