Reply to IVF embryo error, custody settlement

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The laws around IVF need to be updated for situations like this where an embryo is accidentally or negligently implanted in the wrong body. Embryos should legally belong to the genetic owners unless they willingly consent to giving up custody. People should not be doubly punished by the negligence of medical professionals and its clear from this case that couples dealing with infertility can have "baby colored glasses" that blind them to the ethics and morality of not taking another person's embryo even if it was an accident that was not their fault. A protracted legal battle leads to a de facto loss for the genetic parents in this case even if they technically "win." Custody of IVF embryos before and after birth should be de facto the property of the genetic parents unless they willingly and knowingly give up custody.

Otherwise there will definitely be an increase in these kinds of "accidents" after allowing the outcome in this case. Modern law needs to catch up quick.[/quote]

US case law appears to give custody to the genetic parents in the very rare and unusual situations where someone receives another couple’s embryo. It does seem that the genetic parents here had a good chance of being awarded custody had they chosen to pursue that path. 
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Every state will not grant custody to genetic parents. This is not a case of a mistaken identity at hospital and both sets of parents going home with the wrong baby. You cannot just switch embryos.

What happens if the egg and sperm was switched instead of the whole embryo?

Could genetic parents sue for wrongful death if the gestational mom finds out early enough and chooses to terminate?

Or genetic parents suing because the gestational mom was drinking and baby has fas?

How will the genetic parents pursue custody if the gestational parents move to another state frequently enough and change addresses. Or even move abroad?
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Can you cite case law in a US state where the genetic parents were not awarded custody in a case of a different set of parents’ embryo being implanted? The cases cited in the article linked earlier in this thread resulted in the babies being returned to the genetic parents. 
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https://www.casemine.com/judgement/us/5914793eadd7b049343f4153

Mildly different. Single mother by choice was implanted with the wrong embryo. Birth mother and genetic father both awarded custody. Genetic mother denied custody. [/quote]

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