A woman and her husband resorted to a fertility clinic to be parents for the third time. The pregnancy went smoothly. The day of the delivery arrived and after a few hours, close to medical discharge and with the baby in her arms, doubts about the origin of the child arose.
The couple is from Argentina and underwent treatment in vitro fertilization“but since they had not resorted to egg or sperm donation, the embryo had to have genetic material only from them,” explains La Nación.
The first to suspect that something was wrong was the father. The man warned that the Blood type of the newborn was neither his wife’s nor his.
To clear up doubts, they repeated the test that offered the same result. With more questions than answers, they decided to take another step: go for a test of dnaas suggested by a doctor.
They did it and the result overturned all uncertainty: “the incompatibility” was corroborated.
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Mistake? … crime?
The error in the in vitro fertilization treatment was known in the town of San Isidrolocated in the northern area of Greater Buenos Aires.
The failure that today commands the attention of the media and the inhabitants of that country occurred when the embryo of another couple was transferred to the woman. Criminal justice opened an investigation to determine if there was any crime.
The fertility clinic was raided
The Argentine media added that it was “processed in a San Isidro correctional prosecutor’s office, after the complaint by the couple who had had the baby, for the alleged crimes of identity suppression, fraud and injuries.”
In addition, “with the Argentine Federal Police, they raided the sanatorium where the child was born – to obtain the medical history – and the fertility institute.”
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Unique case in Argentina
The error with the embryo is the first that occurs and is denounced in the southern country.
“The fact is proven but with the evidence gathered it could not be shown that there was fraud (the deliberate will to commit a crime). Regarding the injuries, the complaint raised a possible damage to the baby’s health that we could not prove, “said a judicial source. Until now, the couple has not appealed the decision, reported Infobae.
The criminal case was closed.
In the words of La Nación, “the Justice came to the conclusion that there had been an error in the medical treatment; without intent, the crimes of identity suppression or fraud cannot be configured, and no injuries have been corroborated for now. The Prosecutor’s Office, then, dismissed the case.
At the end of last January, people consulted by the aforementioned portal, aware of this controversy, “specified that the egg that gave rise to the embryo would have been donated and that it remains to determine who is the biological father among a small group of clients of the fertility”.
From Antena 3 it was said that the people to whom said embryo could actually correspond were informed.
And… the embryo of the spouses? The Argentine media itself has the answer: “They were informed that did not turn out to be suitable to be implanted”.
This, he added, would rule out the possibility that, with a double confusiona child has been born from their embryo.
The future of the baby and especially the filiation, the relationship of that couple with the child, will perhaps be other issues that will surely be analyzed in the light of justice, which should study similar cases from other countries.
(YO)
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Source: Eluniverso
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