Family embroiled in decades-old IVF mix-up files lawsuit against hospital

Family embroiled in decades-old IVF mix-up files lawsuit against Sydney hospital Wed 29 Jul 2026 at 2:51pm In short: The biological parents of twins who were born after an IVF embryo mix-up are suing Royal North Shore Hospital in Sydney. The embryo mix-up occurred in 1995 and the twins were raised by their birth mother, without either family being aware of what had occurred. What's next? The case will be handled through the NSW Supreme Court. The biological parents of twins who were born after an IVF embryo mix-up at Royal North Shore Hospital in Sydney have launched a civil claim in the NSW Supreme Court against the facility. Last year, Sasha Szafranski and her twin sister accidentally discovered they had been born to a woman who was not their biological parent, after a mix-up at a fertility clinic within the hospital. The embryo mix-up occurred in 1995 and the twins were raised by their birth mother without either family being aware of what had occurred. Now the biological parents have taken legal action. Lawyers acting for Jacqueline and Richard Hensby-Davies, have told the ABC that a statement of claim has been issued against Royal North Shore Hospital. "Our clients were hopeful that a formal apology and compensation could be negotiated without the need for issue of court proceedings," Bill Madden and Matilda Lynch of Carroll and O'Dea Lawyers said. "However, as the matter is complex that could not be achieved and so a statement of claim has now been filed in relation to the IVF error." The lawyers added that the provision of care also involved another organisation and "investigations are continuing as to whether another defendant or defendants should be added to the claim". Family left without answers after discovering embryo mix-up The embryo mix-up only came to light when Ms Szafranski tried to learn more about her father's family by sending her DNA away for testing through the website Ancestry.com. Ms Szafranski told her story to the ABC in March, detailing her confusing DNA results and the eventual match she found with a woman she later learned was her biological aunt. Further independent DNA testing showed Ms Szafranski and her twin sister were the biological children of Richard and Jacqueline Hensby-Davies, a couple who lived a 15-minute drive away from the childhood home of the twins in Coffs Harbour. Investigations by the families showed that the Hensby-Davieses and the twins' birth mother, Penny Szafranski, underwent IVF treatment at Royal North Shore Hospital's fertility clinic at the same time in 1995. Ms Szafranski fell pregnant at that time, but Ms Hensby-Davies did not. In March, the Northern Sydney Local Health District, which controls Royal North Shore Hospital, said the hospital's fertility unit was transferred to a company called North Shore A.R.T in August 1994. The health district said it "did not operate the clinic after this time". August 1994 was eight months before the mistaken embryo transfer to Penny Szafranski occurred. North Shore A.R.T no longer exists and was acquired in the early 2000s by another company, which was later acquired by IVF giant Virtus Health. Earlier this year, a spokesperson for Virtus Health strongly denied it was responsible, saying the incident occurred before the company was established. "In 1995, Virtus Health did not own or operate any entity associated with this incident," the spokesperson said. That stalemate meant both families were left to deal with a life-changing discovery, without any understanding of how the embryo mix-up occurred. This case is Australia's second-known instance of an IVF embryo mix-up where an embryo was transferred to the wrong family, and one of a series of incidents that has raised broader concerns about regulation in the sector. Earlier this year, fertility giant Monash IVF agreed to pay financial settlements to families involved in two major bungles — including the other known case of a wrong embryo being transferred between families, which occurred in Monash's Brisbane clinic in 2023. The second case involved a woman's own embryo being incorrectly transferred to her, instead of her partner's embryo, at Monash's Melbourne facilities. Monash is facing further legal action in relation to the Brisbane case from a third couple who believed their embryos had been provided for the Brisbane mother to give birth. Daughter welcomes litigation, hopes it leads to change Sasha Szafranski is not part of any litigation regarding her case. She told the ABC she did not want to comment on the case that had been brought by her biological parents, but said she hoped it would lead to change in the IVF sector. "What I do hope comes from this is accountability, transparency and meaningful change,"she said. "My hope has always been that no other person or family has to experience what ours has. "I also ask that everyone involved is treated with compassion, this has been deeply personal for all of us and there are many people carrying enormous pain." The Northern Sydney Local Health District declined to comment. [Image text:] EmbryoScope+ 69.9 Adjust Focus Vitr 37.0C 5.9 co, 6.0 %