Australian IVF mix up ‘probably not the first time’

A leading IVF lawyer has warned the devastating IVF mix up that led to an Aussie woman giving birth to a stranger’s baby is likely not the only case as claimed.

The horror IVF mixup that led to a Queensland woman giving birth to a stranger’s baby is likely not the only Australian case as claimed, a leading IVF lawyer has warned.

It was revealed earlier this month a Brisbane woman had given birth to another couple’s child after fertility giant Monash IVF impregnated her with the wrong embryo in 2023.

The devastating error was only discovered when the couple asked to transfer their remaining embryos to another IVF provider in February.

The case has been described as the first of its kind in Australia but leading lawyer Adam Wolf who has represented eight couples affected by IVF bungles in the United States said there were likely more families unknowingly in the same situation.

Adam Wolf is a partner at Peiffer Wolf Carr Kane Conway & Wise law firm.

Mr Wolf, a partner at Periffer Wolf Carr Kane Conway & Wise, acted in the high-profile case of a California couple who were involved in a devastating embryo mix up that led to them and another couple having each other’s children.

“A word of caution I would have is in saying this is the first time this has happened in Australia,” Mr Wolf said of the Brisbane case.

“It’s probably not the first time in Australia. It’s the first time that it has been brought to light publicly.”

Monash IVF blamed “human error” for the mix up and it’s understood the family is considering legal action.

“At least in the states the way that this typically comes to flight is that you have a child who was born of a different race than you expected and that is what tips off the birth parents that something has gone awry,” Mr Wolf said.

“So there are no doubt instances where this is happening around the world where people just don’t know.”

It was revealed earlier this month a Brisbane woman had given birth to another couple’s child after fertility giant Monash IVF impregnated her with the wrong embryo in 2023.

Mr Wolf, who has represented both genetic and birth parents in IVF cases, said there was little oversight and regulation for IVF clinics in the United States and no requirement for providers to report these kinds of errors.

“This is a horrific tragedy for everybody involved, for the birth parents, the genetic parents and the child, there are no winners in the situation, only losers,” he said.

“There is so much bonding that goes on in utero and then the first months of a child’s life, to then rip the child away from the birth mother it’s horrific for both the birth mother and the child.

“Conversely it’s unfathomable to virtually all of us to try to understand this from the perspective of the genetic parents who have a child who is being raised by somebody who is a complete stranger to them, not knowing if their child is getting proper medical care, nutrients, love, caring attention.

It’s truly traumatic for everybody.”

Originally published as Australian IVF mix up ‘probably not the first time’