A couple from Ballito, KwaZulu-Natal, has obtained a court order allowing a DNA test on their nine-year-old son, whom they claim is biologically theirs after their embryo was allegedly transferred to an Indian woman at a fertility clinic a decade ago.The birth mother initially resisted the application, arguing the matter should first be addressed by the Family Advocate office.

However, after legal and psychological experts supported the couple's case, Durban High Court Judge Nomfundo Sipunzi granted the order, which was agreed to by all parties.The boy must now undergo a DNA swab at a local lab before the end of July.The case highlights the complexities of IVF disputes, parental rights, and legal challenges in determining biological parentage.It also underscores the role of judicial oversight in resolving family law conflicts, particularly when children are involved.

The court's decision balances the rights of biological parents with the legal protections of the child, ensuring a fair process while respecting privacy and medical confidentiality.

This case could set a precedent for similar IVF-related disputes in South Africa, where assisted reproductive technologies are increasingly common but legally complex.