An IVF mix-up in Brisbane, where a woman gave birth to a child that was not biologically hers due to the wrong embryo being implanted, could spark a legal dispute over the child’s parentage, according to a surrogacy law expert.
The mistake was discovered by Monash IVF in February, after the biological parents requested the transfer of their remaining frozen embryos to a different provider. The fertility company, which operates nationwide, attributed the error to human mistake, stating that the embryo of another patient had been implanted. The baby was born last year.
The woman undergoing treatment was at a Brisbane clinic when the mix-up occurred. Family law expert Sarah Jefford, who specializes in surrogacy and donor conception, said the incident could create a legal precedent.
“In Australia, the birth parents are generally presumed to be the legal parents,” Jefford explained. “However, it remains to be seen whether the genetic parents will step forward and pursue legal action.”
Professor Gab Kovacs, an IVF pioneer and former director at Monash IVF, called the situation a “terrible, sad” incident, noting that it was likely an unprecedented case in Australia.
“While this is life-altering for the families involved, the scientist responsible for the error will also feel devastated,” Kovacs told ABC Radio Melbourne. He added that Monash IVF had strict protocols in place, which had been double-checked for 40 years, and emphasized that such errors were rare despite the large number of procedures conducted annually.
Associate Professor Alex Polyakov, a fertility specialist at the University of Melbourne, described the scenario as “extremely rare.” He stressed that all fertility centers in Australia follow stringent protocols for handling sperm, eggs, and embryos.
“This was an isolated incident, and other patients should have no concerns,” Polyakov clarified.
Fertility educator Lucy Lines called the mistake “devastating” and said it would shock the IVF community. As a former embryologist, she noted, “It’s your worst nightmare.” Despite the gravity of the situation, she pointed out that such mistakes were exceptionally rare due to the multiple safeguards in place.
A Victorian government spokesperson said the issue was being handled by the Queensland Health Department. “The Health Regulator will collaborate with Monash IVF and clinics across Victoria to strengthen safeguards and prevent similar incidents,” the spokesperson said.
Monash IVF’s CEO, Michael Knaap, expressed the company’s devastation over the mix-up and confirmed that the families involved were receiving support. He assured that the incident was likely isolated but added that an independent investigation would determine how the error occurred.
Queensland Health confirmed the mix-up had been reported to the new Assisted Reproductive Technology Regulator, and the department was working with Monash IVF to enhance safeguards in Queensland clinics.
Last year, Monash IVF reached a $56 million settlement in a class action involving over 700 patients, following claims of inaccurate genetic testing and the destruction of viable embryos, although the company did not admit liability in the case.
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