Last updated 4 March 2025

Internationally, there have been circumstances where the wrong gametes/embryos have been used in an assisted reproductive technology (ART) procedure. In England in 2002, the wrong embryos were implanted in a woman (which became known at birth because of the racial descent of the children), and both the donor and birth parent claimed parental rights. The English court held that the donor was the legal father, but that the couple could have custody of the children. Cases that have appeared before the courts over the questions of who are the legal parents of a child or who should have parental responsibility for a child demonstrate that the best interests of the child is the paramount consideration.