In a rare and deeply distressing incident, a woman in Brisbane, Australia, has given birth to another couple’s child due to an IVF error at Monash IVF, one of the country’s prominent fertility clinics, as per media reports.
The mix-up, which took place during a routine embryo implantation procedure, came to light in February 2025 when the birth parents sought to transfer their remaining embryos to another clinic and noticed inconsistencies.
According to a report by the Australian Broadcasting Corporation (ABC), the woman had undergone IVF treatment at Monash IVF, but the embryo implanted in her uterus was not her own. As a result, she carried and delivered a child genetically unrelated to her or her partner.
IVF mishap: What do laws say?
Legal experts say the case presents a complex and unprecedented legal dilemma. Under current Australian law, the woman who gives birth to a child is presumed to be the legal mother, regardless of genetics. This means the birth parents—despite having no biological connection—may be legally recognised, potentially leaving the genetic parents without parental rights.
“There are presumptions in Australia about the birth parents being the legal parents of the child,” said family creation lawyer Sarah Jefford, speaking to ABC News. “But whether the genetic parents want to come forward and start a discussion about that, then we’ll have to wait and see.”
‘Terrible’, says ex-director of IVF clinic
Professor Gab Kovacs, a pioneer in IVF and former director of Monash IVF, called the situation “terrible” and “sad for everyone involved.” Speaking to ABC Radio Melbourne, he acknowledged the immense emotional toll this will take on both couples, as well as on the scientist responsible for the mix-up.
“I don’t think there’s much more that can be done; we just have to accept that human beings make mistakes,” he said, adding that he was unsure how Australian law would ultimately rule in such an unprecedented situation.
As of now, both families are reportedly seeking legal advice, while the case may set a significant precedent in Australian reproductive law.
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