Fertility clinic mix up. What’s your opinion?

[Soubriquet]

This poor woman. After trying to get pregnant for 2 years, she gives birth to a baby that is clearly not hers. However, she vows to raise him, only to have the bio parents demand him after 5 months.

I really don’t know what I think. I mean Krystena carried this baby. Loved him before he was born thinking it was hers. Went through labour and then raised him for 5 months. It can almost be compared to surrogacy except no party consented.

it’s not wonder she’s suing the clinic. I would too

link

That’s devastating, I really feel for everyone involved, especially the mother.
I am also really horrified that in this day and age, the mix up happened. We had IVF and they had so many checks on embryo transfer day, even an alarm that sounded if it wasn’t the correct embryo going past the door to transfer room.

I'm interested in the law behind this, and whether it would be different outside of the US, but I was under the impression (perhaps incorrectly) that even as a surrogate if you grow and birth the baby regardless of biology you are legally the mother.

I remember reading of a surrogate who got her prenatal care paid for and decided to keep the baby in the end.

I haven't read in this case whether the mother willingly gave up her 5 month old or if the biological parents had some sort of rights to the baby, but I'd be interested to hear what the legal stand point would have been.

I am also interested in the legality side. That poor kid must be very confused too. To go from him mother to complete strangers

You would think that the biological parents could allow her to visit him at least but didn't sound like they have from what I read. They have such a bond, it's tragic

In the UK, if neither of a couple are biologically/genetically the child's parents, then the only way to legally become the parent is via adoption. So if a couple uses a surrogate but neither the egg or sperm is from that couple, they have to adopt.

I'm not sure what happens when the child is related to one of a couple though So for example if a heterosexual couple use a donor egg but the husband's sperm or a one of a lesbian couple conceives via donor sperm. I think if the couple are married or in a civil partnership then I don't think the other has to adopt to be the legal parent.

The woman who gives birth is always the legal mother in the UK regardless of genetics as it should be everywhere. This baby had bonded with its mother and will now have life long trauma, the genetic parents were only thinking of themselves.

Absolutely harrowing. I'm glad she's suing the clinic, but what they did to her is a crime against her soul.

This is what I understood to be the case. It seems to be different in America which is very sad in this instance.

It's a horrible story all around - for her, for the couple who's child it is and for the baby.

I think a clinic who can make that level of a mistake should be shut down immediately and all of their patients transferred to other specialists.