Israeli High Court rejects appeal: Baby Sophia to remain with her adoptive parents

[Editor's note: This court case refers to an embryo mix-up scandal that occurred in 2022. Click here for the context.]

Baby Sophia will remain with her adoptive parents, as ruled Sunday by the Supreme Court. The court, in a majority decision of four judges, rejected the appeal filed by Sophia's biological parents.

Justice Yael Willner, who authored the main opinion, ruled that Sophia's legal parents are her adoptive parents – the woman who actually gave brith to her and her partner.

Willner determined that Sophia's well-being would not be harmed by leaving her in the care of her adoptive parents. The ruling stated, among other things: “It was emphasized that even assuming that the child's best interest should be examined by analogy to the Surrogacy Law, recognizing the birth mother in this case as the legal mother of the child does not harm the child’s well-being.”

Willner further stressed that Sophia's best interest justifies keeping her with the birth mother and her partner.

Justices Ofer Grosskopf and Yechiel Kasher fully concurred with Willner’s opinion. Justice Alex Stein also agreed to reject the appeal but ruled that the biological father should be registered as Sophia's father, without granting him parental rights.

Justice Daphne Barak-Erez dissented, arguing that Sophia's legal parents should be her biological parents.

The Supreme Court upheld the district court's decision to maintain a connection between Sophia and her biological parents, with the nature of the relationship to be determined by professionals. Willner called on lawmakers to regulate legal parenthood in complex cases such as this.

Ultimately, the Supreme Court’s decision leaves Sophia with her adoptive parents, while recognizing the importance of maintaining a meaningful relationship with her biological parents to ensure her best interests.

A Long Legal Battle

On Nov. 24, 2024 – two years after the embryo mix-up at Assuta Hospital was made public – the court ruled that Sophia should be taken from the adoptive parents who raised her and handed over to her biological parents. The adoptive parents appealed the decision.

In early March, the Lod District Court accepted the appeal of the couple who have raised Sophia since birth [2022], ruling that she would not be transferred to her biological parents. Attorney Shmuel Moran, who represents Sophia's biological parents, stated on Kan Reshet Bet: “The ruling is mistaken – we will turn to the Supreme Court.”