Who will get custody of Sofia?

IVF horror story: Court orders toddler taken from only parents she's ever known 

Israeli courts ruled that the birth family who raised a special needs child for two years must transfer the toddler to her genetic parents after Israeli hospital's devastating error.

Assuta Hospital (Photo: Avshalom Sassoni / Flash90)

In a rare ruling, an Israeli family court has ordered that a toddler named Sofia be transferred to her biological parents following a hospital IVF error that resulted in her being carried and raised by non-genetic parents for two years.

The Rishon LeZion Family Court determined that despite the child's two-year bond with her birth family, genetic parenthood takes precedence under Israeli law. The case stems from a fertility clinic mix-up where the wrong embryo was implanted.

The biological parents argued for "the voice of blood" - genetic connection - claiming the current parents deliberately prolonged legal proceedings to establish facts on the ground.

Meanwhile, the birth parents emphasized that Sofia has special needs, including a heart condition, and is recognized as 100% disabled by the National Insurance Institute. They warned that separating her from the only parents she's known could pose serious medical risks.

"While Israeli law doesn't fully define parenthood, the prevailing legal view is that genetic parenthood takes priority," the court stated in its precedent-setting decision.

The ruling has sparked intense debate about the definition of parenthood, with the birth mother arguing that carrying and nursing the child created an irreplaceable bond that shouldn't be severed.

The court, however, ultimately prioritized genetic ties in determining legal parenthood.

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