Solomon's trial 2022: the complication of the judges on the way to the decision of who is the fetus that was replaced by Assuta
The court is considering issuing an order ordering a genetic test for the biological parents.
Usually the judges prefer to avoid such a move, but here they will be obliged to decide.
If no test is conducted, parentage will pass to the surrogate mother.
In case there is a match for the biological parents - the legal issues will begin
Merav Cohen
09/28/2022
Wednesday, September 28, 2022, 1:25 p.m. Updated: 7:32 p.m.
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In video: Assuta Rishon Lezion Hospital (Photo: Niv Aharonson)
The identity of the biological parents in the case of the exchange of embryos at Asuta Hospital in Rishon Lezion has not yet been clarified, and this despite the fact that the case was discovered more than two weeks ago.
The reason lies in the fact that a judge's order ordering a parentage test has not yet been issued, even though the medical center requested the court's help ten days ago.
Traditionally, in questions discussing adoption, Israeli courts prefer not to conduct a parentage test and give priority to the birth mother.
However, in this case the judges will be required to give a moral and value decision.
At the moment the court is procrastinating, to examine the legal meanings and consequences of any scenario that arises.
It is likely that eventually an order will be obtained ordering a paternity test for the couple who are apparently the biological parents of the fetus, but in the scenario that such an order is not received - the parentage will pass to the surrogate mother.
In addition, in such a case the biological parents will be able to appeal the decision.
If after the tests there is a match - the issue will become legal, and each party will have to decide in front of their lawyers if they will claim the baby and how they want to do it.
Checking the identity of the parents is delayed due to a delay in receiving a legal order.
Assuta in Rishon Lezion (photo: screenshot, none)
If both couples want a baby, the court will be required to decide on the matter, and until the decision is made, the baby will be under the permission and responsibility of the birth mother.
If the court decides that the birth mother will be considered the mother of the baby, an adoption order will probably be needed, compared to the biological parents who will not be required for this type of order.
At the same time, Assuta Hospital in Rishon Lezion is also waiting to receive the order, and this is to point out the source of the failure, to finish all the tests and processes with the biological parents and the expectant mother.
The Ministry of Health will use these tests as part of the broad investigation it is conducting for all IVF clinics in Israel, to make sure that such an event does not repeat itself.
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Solomon's trial 2022: Assuming the biological mother is found, who will make the decisions about the fetus?
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