A same-sex couple from Israel has realised upon returning from Nepal that the child they brought back after going through a surrogacy process is not genetically theirs.

The couple realised the baby was not genetically related to them after they returned home to Israel, where surrogacy is not available to same-sex couples.

The couple provided sperm to the surrogate in Nepal, but the baby they were handed was not created using their sperm.

Israeli surrogacy agency Tamuz, which organised the process, attributed the mistake to “human error”, reports Ynet.

It is commonplace for parents of children born using oversease surrogates to get genetic tests on returning to Israel. Once they have the results, they usually then formalise the status of their baby.

The couple had travelled to Nepal in December to await the birth of their child.

The mistake was discovered after they had cared for the baby for several weeks.

It is unclear what will happen now, as the couple have had to hand the baby girl to the biological parents.

They now await the birth of another child by surrogate, to find out if that baby is the one conceived using their sperm.

Israel’s surrogacy law was written in 1996, and has not been updated since.

It allows straight couples to use surrogacy in Israel, but bans gay and lesbian couples from doing the same.

Nepal’s Government ordered that commercial surrogacy should be halted in August 2015, until it can ascertain whether the practice is legal.