The issue of in vitro fertilisation (IVF) mix-up has raised some concerns in the society. IVF mix-up may occur in cases of IVF treatment that resulted the baby had different DNA from the biological father. Malaysian Evidence Act 1950 presumed that the husband of the biological mother to be the father of the child. Since DNA test can now be relied in determining the paternity of an individual, one may view that the presumption of law may no longer be relevant. The scope of this paper is to examine the right of the born child and of the biological mother to refuse for the child's upbringing since it was claimed that there had been negligence along the medical process. This paper also will try to examine the issue of mixed-up of lineage from Shariah view point. It is best to ensure that disputed parties and the courts have a meeting of mind in trying to find the best solutions possible based on reasonableness as the interest of the child is the most paramount.