Q&A: The Assuta Embryo Mix-Up Case
The Assuta Embryo Mix-Up Case
Question
Hello Rabbi,
Today the Supreme Court rejected the appeal of the genetic parents of the girl who was switched at Assuta. This is how it is summarized on Wikipedia:
On November 24, 2024, the Family Court in Rishon LeZion ruled that the two-year-old girl should be transferred from the parents raising her to her genetic parents[7]. The parents raising her appealed this decision.[8] On March 10, 2025, the Central District Court reversed the decision and ruled that the girl would remain with the parents to whom she was born[9]. The ruling stated, regarding concern about mistakes in artificial fertilization procedures, that “the ‘principle of certainty’ should be preferred, according to which the woman who gives birth is the mother of the newborn, thereby creating certainty regarding the consequences of future errors that may occur in artificial fertility procedures.”
On May 11, 2025, the Supreme Court rejected the appeal of the genetic parents by a majority of four justices against one. The main opinion was written by Justice Yael Willner, joined by Justices Ofer Grosskopf and Yechiel Kasher. Justice Alex Stein also joined the majority opinion, but added that the genetic father should be registered as the girl’s father, without guardianship rights. Justice Daphne Barak-Erez, in the minority opinion, held that it should be determined that the legal parenthood belongs to the girl’s genetic parents. The ruling stated that an appropriate framework should be established for the relationship between the girl and her genetic parents.[10]
What do you think of the ruling?
Answer
To express an opinion, one would need to know the details of the matter and read the court decisions. In general, though, in my view the genetic parents have decisive priority. My opinion is that she is their daughter (although on this issue opinions are divided). Therefore, it would take very extreme reasons to remove her from them.