Simple errors shouldn’t cause such grief

On Wednesday, a top British judge granted custody to a white couple that bore a set of… On Wednesday, a top British judge granted custody to a white couple that bore a set of mixed-race twins as a result of a mix-up at a fertility clinic, despite ruling that the man whose sperm was accidentally used – a man who happens to be black – is the legal father. Race is not the issue here – it merely made the mix-up more visible.

Both couples were seeking in-vitro fertilization treatment in northern England at the same time about two years ago. The white couple, referred to as Mr. and Mrs. A, conceived and bore a set of twins. They became concerned with the dark complexions of their children and, upon testing, discovered that while Mrs. A was the biological mother, Mr. A clearly was not the father – and that Mr. B, the black man, was. The mix-up likely occurred when the sperm cells were removed from a centrifuge at the facility.

So now, Mr. and Mrs. A have a healthy set of twins, and Mr. and Mrs. B do not. The two couples’ lives are inextricably linked, through no fault of their own. The judge, Dame Elizabeth Butler-Sloss, has granted custody to Mr. and Mrs. A and has recommended Mr. A formally adopt the twins to secure his parental rights. However, she hasn’t ruled out the possibility of Mr. B applying for parental rights or trying to block adoption proceedings.

This case is heartbreaking from any angle. Of the approximately 25,000 IVF procedures attempted in Britain each year, only about 7,000 result in birth. Infertility can be devastating, and failure to conceive, even after treatment, is tragic.

The unusual facts here create more questions than answers. The race difference made the mix-up in this case rather obvious – how many other IVF births have resulted in healthy babies with 10 fingers and 10 toes who went home with the wrong parents?

IVF is a medical marvel. This case was a success because it resulted in life, but a failure because it resulted in heartbreak and involved a court decision. The mistake wasn’t medical – it was clerical, and therein lies the biggest tragedy.

It brings to mind the case of Jesica Santillian, the 17-year-old girl who received a heart-lung transplant of the wrong blood type and died after receiving a second transplant and suffering heart attacks and brain damage.

In defense of the medical profession, countless phenomenal procedures are performed each day, easing pain and misery the world over. There is some truth to the claim that the media finds and focuses on the gross mistakes. However, in a climate where such information is so readily available, shouldn’t something as elementary as labeling sperm cells or checking blood types be a simple matter?