Reply to IVF embryo error, custody settlement

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[quote=Anonymous]Stolen means taking without consent.

Tiffany Score has stolen another women's child. There is no other words to describe what happened.

If you purchase a  car and fix it up investing time and money into the car and it is later found to be stolen you lose the car. It doesn't magically make it yours because it was in your possession.

A similar situation happened in 2019 in New York City. A California couple, the Manukyans,  sought in-vitro fertilization (IVF) at CHA Fertility Center. The clinic wrongfully implanted not only the Manukyans' embryos into a New York woman but another embryo as well

The New York woman thought she was carrying her own embryos and gave birth to twins who were not genetically related to her or her husband. They realized it because the are Korean- American and neither twin looked Korean.

DNA tests eventually revealed that one of the twin boys belonged to the Manukyans, while the other belonged to a third couple. When it all got sorted out months later, the Korean-American women had to give up custody of each twin back to their biological parents.

It is only because this case happened in Florida that the biological parents can't get their child back.

In general more liberal states with women's rights favor intent and genetics and in those states the baby would have gone to the biological parents, while in conservative states the baby gets to stay with the gestational carrier.

These states all have adopted modern updates to the Uniform Parentage Act (UPA) or rely on strong case law that determines parentage based on the intent to create a child. Because the birth parents never intended to have another couple's baby, and the biological parents did intend to create and raise their genetic child, the law favors the biological parents : New York, Colorado, Washington, New Jersey.

These states all have genetics first laws where biological parents would get their child back: CA, TX

The states that most closely mirror Florida—where a gestational carrier is almost certain to retain legal custody of the baby in a clinic mix-up if she wants to—are Arizona, Virginia, Nebraska, and Indiana.[/quote]

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