Israel's Supreme Court on Sunday ruled that Sophia, born following an IVF mixup, will remain with her birth parents, but an appropriate plan will be made to ensure she has a relationship with her genetic parents as well.
As per the ruling, an court order of parenthood will be issued to Sophia's father, partner to her birth mother and the only father she has ever known, despite the fact that he is neither genetically nor biologically related to her.
The landmark 4-1 ruling is largely based on Israel's Surrogacy Law, which allows a surrogate mother to recant her agreement to give the baby to the intended parents, so long as the court approves the request. In such a case, the birth mother becomes the child's legal mother and guardian, with everything that entails.
The ruling also noted that even Israel's Ova Donation Law also sees the recipient as the mother of the child born from the donation.
Justice Yechiel Meir Kasher took into consideration as well the implications for each side if Sophia were to be raised by the other side. He ultimately ruled that there is no comparison between the genetic parents' loss of an embryo and the potential loss by the birth mother who carried Sophia for nine months, birthed her, and raised her, if Sophia were to be taken from her.
Justice Alex Stein, though he agreed with the majority opinion, opined that Sophia's genetic father should be listed as her father, though he should have no legal rights or guardianship.
Justice Daphne Barak-Erez, who was the single dissident, opined that Sophia should be transferred to her genetic parents' custody, claiming that since there was no prior agreement, the Surrogate Law cannot be used as a basis for the decision.
Galit Kerner and Yonatan Kanir, who represent Sophia's birth parents, responded to the ruling, saying, "We are extraordinarily moved that the right time has come for this little girl, and that her parents can now raise her in peace — her mother, who carried her, and her partner, who is raising her. We hope and pray that the other side will lay down their sword and begin to speak and act peacefully, for the sake of this little girl who deserves nothing less."
Shmuel Moran and Noa Gelerman Liel, who represent the genetic parents, said, "We read the majority ruling of the Supreme Court with sorrow. We are still studying it in depth, as beyond the legal questions it raises, it carries significant and troubling implications for the child’s future and for the field of fertility in Israel. The genetic parents have always had Sophia’s best interests and future in mind, and that continues to guide us in our ongoing fight to return her to her biological family."
The Supreme Court's ruling, the first of its kind in Israel, marks an end to a saga which began in September 2022, when Sophia's birth mother, who had undergone genetic testing after Sophia was found to have a heart defect, was informed that Sophia was not genetically related to either herself or her partner.
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; and in March, The Lod District Court overturned the lower court's decision, declaring that the two-year-old should continue residing with them. At the end of March, the Supreme Court heard the case, and closed the hearing with a proposal to both sides, which was not revealed to the public. The court gave the sides until after Passover to reach a decision, and when this failed issued their own ruling on Sunday.