The Assuta embryo swap affair
Hello Rabbi,
Today the Supreme Court rejected the appeal of the genetic parents of the girl who was swapped with Assuta. This is how Wikipedia summarized it:
On November 24, 2024, the Family Court in Rishon Lezion ruled to transfer the two-year-old baby girl from her adoptive parents to her genetic parents [ 7 ] . The adoptive parents appealed this decision. [ 8 ] On March 10, 2025, the Central District Court reversed the decision and ruled that the baby girl would remain with the parents to whom she was born [ 9 ] . The ruling stated, regarding concerns about errors in artificial insemination procedures, that "the 'principle of certainty' should be preferred, according to which the birth mother is the mother of the newborn, which would provide certainty regarding the consequences of future errors that may occur in artificial insemination procedures."
On May 11, 2025, the Supreme Court rejected the appeal of the genetic parents by a majority of four judges to one. The main ruling was written by Justice Yael Wilner and 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 child's father, without guardianship rights. Justice Dafna Barak-Erez , in a minority opinion , believed that parenthood should be determined to be that of the child's genetic parents. The ruling stated that an appropriate format for the relationship between the child and her genetic parents should be determined. [ 10 ]
What do you think of the verdict?
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