Family sues UZ Brussel over IVF sperm mix-up from 1994
A family from Mortsel has launched legal action against UZ Brussel after a serious error during IVF treatment in 1994 led to a sperm sample being swapped, resulting in the conception of twins whose social father was not their biological father. The case was reported by VRT NWS on Wednesday and confirmed to Belga by the family’s lawyer.
The mistake came to light years later, when one of the twins underwent a blood type test that showed his father could not be his biological parent. The parents had undergone fertility treatment at UZ Brussel in 1994.
UZ Brussel has since acknowledged to VRT NWS that an error occurred and says it is fully cooperating with the investigation. The hospital says it strongly suspects who the twins’ biological father is, but cannot disclose his identity due to professional secrecy.
“We have indeed initiated proceedings to have the UZ Brusselsordered to release information about the biological father. The intention is in no way to establish a legal link, but simply to allow the truth to emerge,” the family's lawyer, Joris Beernaert, said, adding that European precedents already exist.
Twins appeal directly
The twins, now 30, are also directly addressing the man they believe to be their biological father. He is someone with blood type B who provided a sperm sample at the hospital on 6 July 1994 as part of fertility treatment with his partner. The twins say that they consider him a fellow victim and hope he will voluntarily cooperate with a DNA test to remove the uncertainty.
The legal action follows what the family describes as “manifest obstruction” by the hospital. According to their lawyer, UZ Brussel refused to deliver a personal letter from the twins to the suspected father. The family is now demanding that the identity be released, under penalty of a fine.
The family also claims that UZ Brussel only informed the Federal Agency for Medicines and Health Products of the mix-up three months after discovering it, and only under pressure from the family. According to Beernaert, the law requires fertility centres to report such serious incidents immediately.
Hospital defends procedures
In a written response, UZ Brussel said it had itself proposed to seek court approval to release the identity of the possible biological father in May. It said it understood the concerns of other parents who underwent fertility treatment there and that “to our knowledge, no similar mistake has occurred”.
The statement said patient identification procedures had been significantly tightened over the years. Since 2011, the hospital has used an electronic system that makes every step in the process traceable.
Parents or children with questions about their lineage or treatment history can contact UZ Brussel via afstamming@uzbrussel.be.
#FlandersNewsService | © PHOTO ASTIER / BSIP VIA AFP
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