Australian IVF embryo mix-up: Lawyer warns ‘It’s probably not the first time’ after Monash IVF ‘human error’
A leading IVF lawyer has issued a stark warning following a devastating error at a Queensland fertility clinic, suggesting the incident may be part of a wider — and largely hidden — problem.
Earlier this year, it was revealed that a Brisbane woman had given birth to another couple’s child after being implanted with the wrong embryo by fertility provider Monash IVF in 2023.
The error only came to light in February, when the couple requested that their remaining embryos be transferred to another provider.
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By continuing you agree to our Terms and Privacy Policy.It is understood that the child, conceived through IVF in early 2023, would now be a toddler.
While the case has been described as the first of its kind in Australia, US lawyer Adam Wolf, who has represented numerous families affected by IVF mix-ups, believes it’s unlikely to be an isolated event.
“A word of caution I would have is in saying this is the first time this has happened in Australia,” Mr Wolf told the Herald Sun.
“It’s probably not the first time in Australia. It’s the first time that it has been brought to light publicly.”
Mr Wolf, a partner at Peiffer Wolf Carr Kane Conway & Wise, has been involved in several similar cases, including one in California where an embryo mix-up resulted in two couples giving birth to each other’s children.
Monash IVF has attributed the Queensland incident to “human error.”
It is understood that the affected family is considering legal action.
In many US cases, Mr Wolf said, such errors only come to light when a child is born of a different race than expected.
“So there are no doubt instances where this is happening around the world where people just don’t know,” he said.
He also noted that in the United States, IVF clinics face little regulation and are not required to report these kinds of mistakes.
“This is a horrific tragedy for everybody involved — for the birth parents, the genetic parents, and the child. There are no winners in this situation, only losers,” Mr Wolf said.
“There is so much bonding that goes on in utero and in 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.”
He added that the emotional toll is profound for everyone involved.
