The biological parents of a child born into the wrong family after an IVF mix-up have no legal rights to the child, according to Queensland law.
It was revealed yesterday that a Queensland couple had given birth to a stranger’s child after the wrong embryo was transferred in a bungle by Monash IVF.
The fertility company was alerted to the mistake in February when the birth parents requested to transfer their remaining frozen embryos to another provider.
Family law experts have said today that the law recognises the birth parents as the legal parents of the child.
The law is there to protect birth parents from any potential legal issues with egg or sperm donors during the IVF process, but it also applies in this situation.
Queensland’s fertility laws were looser until new legislation was introduced last year.
The laws also mean Monash IVF could potentially face no formal penalty for its mistake.
“I don’t think anyone can believe that in this modern age that this bungle could happen,” former Queensland Premier Annastacia Palaszczuk told Weekend Today.
“I can say from personal experience, I’ve been through IVF and I was unsuccessful…so I know how important it is to have a baby at the end of it.”
“I think, you know, we need to not lose sight of the fact that there is a beautiful baby who’s now a toddler involved here.
“So that is a blessing…but this mix up should never have happened.”
Monash IVF’s share price fell by more than a third yesterday after the news broke.
