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Woman Loses Custody of Baby After IVF Embryo Mix-Up

A woman filed a lawsuit against a fertility clinic in Georgia after she was given another couple’s embryo.

Why It Matters

Krystena Murray lost custody five months after delivery, despite wanting to keep the child, according to the lawsuit.

This is not the first time a fertility clinic has been accused of a “child swap” in a lawsuit. In 2021, Alexander Cardinale and Daphna Cardinale accused the California Center for Reproductive Health of implanting Daphna with another family’s embryo. The case was settled in 2022.

There is no single U.S. government agency in charge of holding fertility clinics accountable for errors or overseeing the fertility industry as a whole.

What To Know

Coastal Fertility Specialists, a chain of fertility clinics in South Carolina and Georgia, used Murray’s eggs to create embryos. An embryo was transferred to Murray, and she became pregnant.

Murray, a White woman, allegedly realized that the child was not hers when she delivered a Black baby, according to the complaint filed in the State Court of Chatham County. The sperm donor Murray selected was also White.

Coastal Fertility allegedly alerted the other couple, who sued Murray in family court for custody of the child.

Murray decided to voluntarily give up the child during a family court hearing in May 2024. She has not seen the child since.
She does not know if her embryo has been given to another couple or if a child biologically related to her is being raised by someone else.

“These tragic events have been crushing for Ms. Murray,” the complaint states. “She will live with this trauma for the rest of her life. Ms. Murray brings this suit to seek accountability from Coastal Fertility and its employees for their reckless misconduct that led to this preventable nightmare.”

The woman is being represented by Adam Wolf, a partner at Peiffer Wolf Carr Kane Conway and Wise law firm. Wolf leads the firm’s embryo-loss practice group. He has represented more than 1000 people against their fertility centers, according to the firm’s website.

What People Are Saying

Murray, in a statement: “This has destroyed me. I’m heartsick; I’m emotionally broken. Nothing can express the shock and violation upon learning that your doctor put a stranger’s embryo into your body. To carry a baby, fall in love with him, deliver him, and build the uniquely special bond between mother and baby, all to have him taken away. I’ll never fully recover from this.”

Wolf, in a statement: “Unfortunately, the United States does not have meaningful fertility industry oversight. Until IVF clinics are subject to real regulations, reporting requirements and mandatory certification programs for lab staff, these mishaps will continue to occur.”

[…]

Source: Newsweek February 18 2025

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