The future of a child born to a mother mistakenly given the wrong embryo at a Monash IVF clinic is described as a complex legal and moral “nightmare” without precedent in Australian law. This comes after an incident in which a patient at a Monash clinic in Brisbane was incorrectly implanted with another woman’s embryo, resulting in the unwitting birth of that woman’s child.
Monash IVF, a leading provider of fertility services across Australia, has issued an apology for the incident, attributing it to “human error” and asserting their confidence that it was an isolated event. However, experts like Frances Bertram, Practice Leader for Medical Negligence at Shine Lawyers in Queensland, emphasize the dire legal and emotional consequences of the case, particularly with regards to determining the child’s legal parents.
Sarah Jefford, a family creation lawyer, noted the lack of clear legal precedents for such cases and the potential for the genetic parents to come forward and claim their rights. Dr. Hugh Breakey, a moral philosophy expert and Deputy Director of the Griffith University Institute for Ethics, Governance, and Law, deemed it an “incredible ethical tangle,” where two legitimate claims cannot coexist.
Moreover, the case has raised significant concerns in the community, especially among those conceived through donor IVF, who advocate for stronger protections, including the establishment of a national register. It has also led to discussions about the need for more stringent record-keeping and transparency measures within IVF clinics.
The scenario is notably not an isolated incident in the world of IVF, and while there have been recognized cases of similar mix-ups overseas, no comparable case has previously been adjudicated in court. This case could potentially set a significant legal precedent in Australia regarding parental rights and the handling of IVF-related errors. Monash IVF’s CEO, Michael Knaap, has apologized and stated that the company will continue to provide support to the patients involved and has conducted additional audits to ensure the incident was singular.
Source: https://www.theguardian.com/australia-news/2025/apr/11/legal-ethical-nightmare-brisbane-monash-ivf-woman-gives-birth-to-strangers-child-australia-ntwnfb
