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Time-sensitive hybrid model for parent allocation in IVF embryo mix-ups.

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  • 1Prince Sultan University, Riyadh, Saudi Arabia jsakr@psu.edu.sa.

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In vitro fertilisation (IVF) errors challenge genetic parenthood assumptions. A time-sensitive model prioritizes genetic intent early on, but acknowledges caregiving if errors are discovered late, balancing stability and accountability.

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Area of Science:

  • Reproductive Law
  • Bioethics
  • Family Law

Background:

  • In vitro fertilisation (IVF) mix-ups raise complex parenthood disputes.
  • Existing legal frameworks often default to genetic ties, potentially overlooking gestational factors.
  • The 'genetic presumption' may not adequately address the nuances of assisted reproduction.

Purpose of the Study:

  • To propose a novel legal framework for resolving IVF-related parenthood disputes.
  • To re-evaluate the role of genetic versus gestational relationships in contested parentage.
  • To balance the interests of all parties involved in assisted reproduction errors.

Main Methods:

  • Analysis of existing legal principles in parentage and assisted reproduction.
  • Development of a time-sensitive hybrid legal model.
  • Examination of the implications of genetic vs. gestational claims in IVF error cases.

Main Results:

  • The 'genetic presumption' should be rebuttable, favoring the gestational relationship in some cases.
  • A purely genetic default can obscure crucial aspects of parental bond formation.
  • A time-sensitive hybrid model is proposed, prioritizing genetic intent upon error discovery but considering settled attachment if discovered late.

Conclusions:

  • Gestation creates morally significant interests that warrant legal consideration.
  • A hybrid model offers a more nuanced approach to IVF mix-ups than strict genetic or gestational defaults.
  • This framework aims to preserve relational stability, protect identity interests, and maintain institutional accountability in assisted reproduction.