IVF Mix Up at a California Clinic Results in a Lawsuit

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IVF Mix Up at a California Clinic Results in a Lawsuit

In a recent lawsuit filed in Southern California, a couple has alleged that a fertility clinic based in Los Angeles mixed up two embryos. That resulted in them being implanted in the wrong women, both who gave birth to children who weren’t biologically theirs. After giving birth, they each unknowingly raised these children for several months. One couple began to question the clinic after the woman gave birth to a healthy child who looked nothing like them, or their older child.


When a DNA test was performed, it was found that the child wasn’t biologically related to either of the parents. Feeling robbed of the opportunity to carry her own child to term was traumatizing, and they were also unclear what had happened to their embryo. Sadly, it was revealed that the embryo had been implanted in another woman, who had also carried that child to term. The handling of the embryos was outsourced by the clinic to another company, which mixed up the embryos and resulted in the incorrect implantation.

The specific errors that took place, and led to the embryos being mishandled, is unclear. However, the result of the mix-up is undeniable. Both of the couples are struggling with the mix-up, and both mothers are having difficulty with the idea that they carried other people’s children to term, bonded with those children, and then had to place them with their parents. The babies were approximately four months old when they were exchanged back to their biological families, but the effects of the situation continue to linger.

The lawsuit is seeking unspecified damages, and also calling for a jury trial. The consequences of this baby swap may be long-term, especially in the mental health effects it will have on the entirety of both families.

At The Surrogacy Law Center, we advise and counsel clients on a variety of matters related to egg, sperm, and embryo donation, and surrogacy. When you work with an experienced reproductive rights attorney, you can have the peace of mind that comes with knowing you have contractually protected your rights. To learn more, contact us today!