BRITAIN: Black twins born to a white couple after an IVF sperm mix-up will stay with them even though another man is their legal father, a British judge ruled yesterday in a key case for the booming fertility industry.
Dame Elizabeth Butler-Sloss said a black man whose sperm was mistakenly used instead of that of the mother's husband to produce the babies in an "astonishingly traumatic" case was the legal father but the twins would not be removed.
"[This] is a tragic human story of two families trying to come to terms with the consequences of the mistake," she said.
"Although [the black man] was clearly not a consenting sperm provider . . . it is, on the facts of this sad case, only the use of his sperm that connects him with the twins." Dame Butler-Sloss, Britain's top female judge, said the biological mother and her husband, known as Mr and Mrs A, could formalise their position by Mr A adopting the children.
Neither the white couple nor the black couple involved in the case, known as Mr and Mrs B, was in court but lawyer Andrea Dyer, acting for Mr and Mrs A, confirmed they would seek to adopt the twins.
"The couple feel blessed that they have two beautiful children. They feel a great deal of sympathy for Mr and Mrs B." The case at London's High Court raised a myriad of unprecedented medical and legal issues and was closely watched for any impact on the fertility industry.
Mr Lawrence Oates, a government legal official representing the twins, said the ruling would help resolve "the real human dilemmas behind the mistake that has occurred in this case".
But the lengthy and complicated legal ruling leaves open the possibility of further court action which could eventually result in a change to the law.
Mr B could still apply for parental rights or oppose adoption, although this would not necessarily prevent it. Both couples could also seek compensation for medical negligence.
Mohammed Ayub, lawyer for Mr and Mrs B, praised the other couple for "their sensitivity and understanding" and said his clients wanted time to reflect and decide what to do next.
While the case was a first for Britain, other IVF mix-ups have since emerged which have raised public concerns.
In October, a London hospital said a labelling mistake led to two women becoming implanted with the wrong embryos. The women had to have the embryos removed.
The British Fertility Society, representing professionals in the IVF field, urged the public not to lose trust in the practice, saying it "can bring great joy to families and errors are extremely rare".
About 25,000 cycles of IVF treatment are performed in Britain every year, with about 7,000 babies born as a result.
The industry has reviewed and tightened procedures since the mix-up came to light.
Worldwide there have been two other recorded cases in which a mother delivered babies of another race after IVF treatment.
In one case, in New York, a black baby was returned to his biological parents after an embryo mix-up. In the other, in the Netherlands, a woman who gave birth to twins - one was her husband's and one was not - was allowed to keep both.
In the latest incident the two couples involved had both sought treatment. - (Reuters)