A fertility clinic allegedly accidentally implanted the wrong embryos in a patient.

By Libby Ryan
July 08, 2019
Animation by Sarina Finkelstein; Getty Images

A woman gave birth to twin boys after undergoing in vitro fertilization, but, according to a new lawsuit, they’re not her babies.

New York wife A.P. and husband Y.Z. (names shortened to initials for privacy) began their IVF process in 2018 and got pregnant in the fall. Sonograms showed that A.P. was pregnant with twin boys, but those results puzzled the couple since they’d chosen to use female embryos and of their five embryos at the clinic, only one was male. But the doctors told them that sonograms were not a definitive test. When the two baby boys were born, the parents quickly realized something was not right. The mother, A.P., is Asian but she gave birth to two non-Asian babies. A DNA test showed that neither A.P. or Y.Z. was related to the twins—and the newborn babies also weren’t related to each other.

"Plaintiffs were shocked to see that the babies they were told were formed using both of their genetic material did not appear to be," the lawsuit said.

The couple used CHA Fertility Center in California and further tests showed each of the newborns that A.P. gave birth to were genetically related to other couples who used the center’s services.

The couple gave up custody of the newborns and filed a federal lawsuit claiming that the IVF process went wrong, embryos were swapped, and the woman was forced to carry and deliver someone else’s babies. The lawsuit accuses the clinic of medical malpractice, negligence, battery, and intentional infliction of emotional distress.

“Plaintiffs were required to relinquish custody of Baby A and Baby B, thus suffering the loss of two children,” according to the lawsuit. “Plaintiffs have suffered significant and permanent emotional injuries for which they will not recover.”

The couple says the total costs amounted to more than $100,000 for medication, laboratory tests, travel, and other fees. And, according to the lawsuit, A.P. and Y.Z. are still left wondering what happened to the two embryos that they thought were implanted at the beginning of the pregnancy.

At the time of publication, CHA Fertility Center did not respond to requests for comment.

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