Whose Baby Is It?

Posted By on August 15, 2014

Most of the major newspapers have highlighted the news from Italy of an impending court battle between two different sets of ‘parents’, fighting over soon-to-be-born twins.

An Italian woman is shortly to give birth to twins from embryos that were implanted at a fertility clinic during IVF treatment, but, as a result of a mistake, she was implanted with another couple’s embryos.

The pregnant woman has – not surprisingly – said she will fight to keep the babies, despite a legal challenge to hand them over.

The genetic parents however, who were not successful in their own attempts at IVF at the same clinic, are desperate to claim the twins as theirs.

The pregnant woman had previously tried and failed to become pregnant through IVF but once successful, she was told in April that she was carrying another couple’s babies, not her own.

She has the stronger legal claim to the twins as their birth mother. And she clearly desperately wants to keep the twins. Italian law is likely to consider her to be the twins’ true mother, as would be the case in the UK where a birth (or surrogate) mother holds all the cards, whether or not she is the genetic mother.

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