Judges in the Lod District Court on Thursday ruled that DNA testing must be done to determine the biological connections of a couple to a fetus carried by another woman, Ynet reports.
The dramatic events began when in September a pregnant woman who had undergone invitro fertilization at the Assuta hospital in Rishon LeZion, had a DNA test in a different medical facility and found she was carrying a fetus unrelated to her biologically. The legal question soon to be presented the court would be which couple would have custody of the unborn child if the biological link to the plaintiffs is confirmed, a custody battle will ensue.
The plaintiffs said that since the early hours and days after birth are critical to forming a bond with a newborn, they must determine their biological link, so that they can argue for custody immediately at birth.
{Matzav.com Israel}
Not good.
Very sad and unfortunate for both parties, especially if they’ve been going through IVF several times and many years without success. Sadly it happens more often than you know. My opinion is that (without going into halachic ramifications if a party is Jewish) the one carrying the wrong fetus should return it after birth for a hefty price from the hospital, insurance and real mother, as she’ll always have a disdain, a negative feeling, towards this child.
Of course this decision should only be made after birth so that the pregnant woman will not harm the fetus during pregnancy.
Bonding and feelings should not be a factor in justice. If someone buys an expensive stolen item, not knowing that the item was stolen, does he not have to return it if the owner of the item learns he has it? He’s surely get his money back.
If someone raises a kidnapped child, not knowing that the child was kidnapped, and the mother became bonded to the child, does she not have to return it if the family finds out she has it?
First thing, halacha is different and there should be no discussion at all.
Let’s assume the story took place elsewhere, I am not sure of the halachot about Gentiles and if there are any. Suppose there are none and everyone involved is a Non Jew. You say, give the baby to the genetic mother and compensate the other one. Fair enough if (that’s a big huge IF) the one carrying the fetus wants to. Else?
As for negative feeling, this is something you are making up. Why would she not love a child they carried in her womb and after so much effort in conceiving. True, she will sue the hospital, and she is correct about getting as much money as possible from them. The other lady should also sue.
Why should there be no discussion at all? It’s a major issue. It’s not only the genetic mother. It’s a genetic father too. The birth mother carried the child through for 9 month and gave birth to the child but it’s a stolen embryo! And that’s the problem and not if she wants to. The child is stolen! Like a kidnapped child being raised by someone who invested a lot of money and put in a lot of effort into the child as the commenter above mentioned.
I wonder what the halachah would be.
Of course she’d love the child she carried and of course they should both sue. But the question is, who does the child belong to?