Last week the Fasanos said they would give the black child to the Rogerses, who were demanding custody, provided genetic testing confirms that they are the biological parents. Through their attorney, the Fasanos stressed that they loved both boys and that race was not a factor, but that they did not want to separate a child from his natural parents. The Fasanos are insisting that they and their son stay in contact with the Rogerses’ child. “The children did share a womb,’’ said Rudolph Silas, attorney for the Rogerses. “We will work something out.”
How could a mistake like this happen? The fertility specialist for both couples, 71-year-old Dr. Lillian Nash, isn’t commenting. Both couples are suing her and others involved in the treatments for negligence. It isn’t clear if the mix-up occurred at Nash’s clinic or at another facility where the fertilized eggs were stored. Such mix-ups are believed to be rare, but experts caution that mistakes made with same-race patients may go undetected. About the only good news in this case is that both couples, once childless, will each have a healthy son.