A couple discovers that the fetus is not genetically compatible: the word to the judges
The judges did not have to threaten the use of the sword as King Solomon in the biblical story, amniocentesis and the genetic examination of the withdrawal were enough. To remove at least one doubt about the case that has been involving Israelis for over a month and upsetting the women who underwent the implantation procedure after in vitro fertilization at the beginning of the year.
In the same days at least forty would-be mothers passed from the same ward to the Assuta hospital in Rishon Letzion, not far from Tel Aviv, one of the largest in the country. Ubetween them became pregnant but in mid-September she discovered – after a check in another laboratory – that her husband could not be the biological parents of the unborn child. The DNA does not match. And neither does that of the two Israelis whom the commission set up by the clinic and the Ministry of Health had identified as the most probable.
It was the judges who imposed this latest genetic test and on the pregnant woman, who is expected to give birth within days, to provide the doctors with the results of her examination already carried out. She had always refused because she started a legal battle to keep the baby or child: Her lawyers argue that hers has become a surrogacy that is not legal in Israel without the written consent of the offerer. They point out that this approval must be repeated at the end of the pregnancy. Even when the biological parents are found, the woman can object to giving the baby away.
There is the interest of the fetus – the judges write – in establishing who the biological parents are, both for medical reasons and for the desire to know their natural origins. There are also the legitimate interests of prospective parents to find out the truth in order to make a decision as soon as possible. So the doctors must proceed with the investigation to trace that errorto that exchange of ova, considered almost impossible given the controls applied at all stages.
Experts are convinced that eventually it will go back to court and the case will go to the Supreme Court. Forcing the legal system to confront the definition of parenthood – comments Shahar Lipshitz of Bar Ilan University to the newspaper Yedioth Ahronoth -. Is the term mother a question of biology? And what is more important: the genetic link or the physiological parameters?
Israeli law guarantees, with almost total coverage of expenses, numerous treatments for in vitro fertilization for women between 18 and 45 years, up to 54 with donated eggs. In January, following a decision by the Supreme Court, the Ministry of Health extended the possibility of using surrogacy to male homosexual couples, single men and transgender people. Until then it was only allowed if there are problems of infertility in male-female couples and single women. Members of the LGBT community have the same rights to be parents, commented Minister Nitzan Horowitz, the first openly gay party leader.
October 25, 2022 (change October 25, 2022 | 23:48)
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