Details released on IVF twins' parents

The full extent of the legal dilemma confronting a judge who must rule on the case of black twins born to a white couple after a fertility treatment mix-up was revealed today.

Dame Elizabeth Butler- Sloss described the landmark case as "extremely difficult" as she spoke about how the error occurred.

She revealed that sperm taken from a black man was wrongly mixed with eggs taken from a white woman undergoing separate fertility treatment with her husband and the embryos were implanted in her.

Dame Elizabeth said this meant that, while the white woman was the children's biological mother, the black man and not her husband was their father.

The mistake only came to light after the twins were born and the white couple realised the babies' colouring meant there must have been a mix-up in the fertility treatment.

Dame Elizabeth was speaking for the first time since she imposed a wide-ranging injunction on all aspects of the case three weeks ago.

She is in the invidious position of having to rule on which couple are the legal parents of the twins. Lawyers say the case will be one of the most complex ever to come before the courts.

It is not known whether the black couple will fight for custody of the children, but both couples are expected to launch massive claims for compensation against the NHS clinic where the mistake occurred. The case is expected to come before the family division of the High Court in November.

In a statement issued through the Official Solicitor today, Dame Elizabeth said: "In this case a couple (Mr and Mrs A) attended a clinic for fertility treatment, and twin children were born.

"Mr and Mrs A were alerted by the appearance of the twins to the possibility of an error in the fertility treatment. Genetic testing has established that Mrs A is their biological mother, but that Mr A is not their biological father.

"The Court will in due course seek to disentangle a number of difficult issues and will give judgment in open court setting out the relevant facts which gave rise to the issues, and the decisions of the Court on those issues."

Dame Elizabeth also defended the gagging orders which have prevented any details of the fertility clinic involved and the two couples affected.

She said: "The circumstances of this case raise difficult issues relating to the privacy of both families and medical confidentiality. The Court is also seriously concerned about the welfare of the children, and recognises the importance of the freedom of the press.

"This is an acutely sensitive time in an extremely difficult situation for all the individuals concerned. The Court has a duty to protect their private lives and prevent them becoming victims of intrusive and distressing publicity in a situation they did nothing to bring upon themselves."