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US woman sues after carrying wrong baby in IVF error

• deleted 2y ago
  [deleted]
• retrac 2y ago
  That's horrifying but also legally interesting. Here in Canada the birth mother would have been the legal mother and she probably would have won a court case (assuming she had good legal representation). Surrogacy conditions and clauses are unenforceable legally. I remember this very kind of scenario being mentioned when the law banning surrogacy contracts was debated. What if a woman who is having the baby grows attached to the child during the pregnancy? To rip a baby from the arms of the woman who literally gave birth to it to hand it to someone because they happen to have contributed some genetic material but who basically have no skin in the game is... well here we are.
• bhaney 2y ago
  > The same day this error was discovered we immediately conducted an in-depth review > This was an isolated event with no further patients affected That's a very strong statement that the woman's intended embryo was not also implanted into the wrong person (ie, this wasn't a "swap" situation). Wonder what they did with it, since they're very confident it wasn't given to another patient. Anyway, hope the lawsuit goes well for her. The clinic should be paying her a shitload for causing this.