A couple from Western Australia who generously donated their embryos to a family on the opposite side of the country have initiated legal proceedings against the IVF clinic responsible for a catastrophic administrative error. The writ, filed in the Victorian Supreme Court against Monash IVF, alleges that the donors have sustained severe psychiatric harm as a direct consequence of the mix-up, which resulted in a baby being born from a mislabelled embryo.
Background of the Case
The West Australian couple, who already have two children—one conceived through IVF—decided to donate four remaining embryos from their IVF treatment. In September 2022, they began searching online for suitable recipients. Their statement of claim details that the intended recipients, a couple from Brisbane, participated in a joint counselling session with the donors organised by Monash IVF in January 2023. During this session, the donors formally consented to the use of their embryos.
Monash IVF agreed to handle the transportation, storage, thawing, and transfer of the embryos to the recipients. Subsequently, the Brisbane couple gave birth to a child they believed to be biologically descended from the WA donors.
The Discovery of the Error
The situation took a distressing turn one year after the baby's birth. On February 17, 2025, Monash IVF informed the birth parents that their child was not, in fact, from the WA couple's embryo but had instead originated from a different couple entirely. Three days later, the Brisbane couple relayed this devastating news to the donors, revealing that the child was not genetically linked to them.
The donors claim they were not informed of the bungled transfer by Monash until a week after the baby was born. They allege that Monash IVF breached its contract with them by failing to exercise reasonable care in the labelling and transport of the embryos.
Psychiatric Consequences
As a result of this breach of contract, the donors assert that they have suffered significant psychiatric injury, including a chronic adjustment disorder accompanied by depression and anxiety. They are seeking damages and costs from Monash IVF, which publicly disclosed the error in April 2025.
This incident in Brisbane, combined with a separate case in Melbourne where a woman was mistakenly implanted with her own embryo, prompted an independent review led by prominent barrister Fiona McLeod. In response to the Melbourne mix-up, Victoria's health regulator imposed conditions on the registrations of all IVF clinics across the state from November.
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