IVF mis-up: Heartache and acrimony of US couples who went through same trauma

Evidence of the heartache and acrimony that ensues after such mix-ups is all too clear in the notorious case of the Fasanos and Rogers.

Donna and Richard Fasano were attempting to have a child at the In Vitro Fertility Centre of New York. A black couple, Deborah and Robert Rogers, were going to the same clinic. Through a mistake at the centre, embryos consisting entirely of the genetic material from Mr and Mrs Rogers were implanted in the womb of Mrs Fasano, with embryos from Mrs Fasano and her husband.

In June 1998, less than two months after implantation, both couples were notified of the mistake and of the need for DNA tests. Mrs Rogers, from New Jersey, did not become pregnant. But when Mrs Fasano gave birth to two boys in December, the evidence of a mix-up was clear for all to see with no need for such tests: one of the boys was white, the other was black. After DNA testing proved the parentage of the children, the Fasanos gave legal custody of the black boy, Akeil, to the Rogers in May 1999, but only after securing an agreement that they could visit the child. The Rogers soon reneged on the deal, saying they had signed it under duress.

The Fasanos sued, and initially won the right to visit Akeil. But that decision was overturned by appeal court judges, who ruled that "the Fasanos' parenthood of Akeil should have been treated as a mistake to be corrected as soon as possible".

The decision was a relief to the Rogers. Their lawyer said they "wept with happiness and relief". The couple later said it was possible they would allow the Fasanos the right to visit Akeil. "Perhaps, one day, when Akeil is mature enough to understand his unique beginnings, we will be able to reach out to the Fasanos in friendship and fellowship," they said.