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Time-sensitive hybrid model for parent allocation in IVF embryo mix-ups
1Prince Sultan University, Riyadh, Saudi Arabia jsakr@psu.edu.sa.
Journal of Medical Ethics
|February 4, 2026
Summary
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.
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.
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