A Georgia woman, who gave birth to and raised a baby boy for months, filed a lawsuit Tuesday against a fertility clinic claiming it implanted the wrong embryo in her, resulting in her giving birth to another couple’s biological child. She later lost custody of the child.
Krystena Murray, 38, of Savannah, filed the civil suit against Coastal Fertility Specialists, saying the mistake left her “emotionally broken” from the experience. The business operates a clinic in Savannah and in four cities in South Carolina.
The suit, filed in state court, also names Dr. Jeffrey Gray and a handful of John and Jane Does as defendants.
According to the lawsuit obtained by USA TODAY, the clinic allegedly implanted the wrong embryo into Murray’s uterus, and she carried the child and gave birth in December 2023 to the other parents’ baby.
“Despite the clinic’s misconduct, Krystena wanted to keep her baby, and she was heartbroken when she lost custody five months after giving birth,” her attorneys with Peiffer Wolf released in a statement adding she has not seen the child since.
‘I’ll never fully recover from this’
“I’m emotionally broken. Nothing can express the shock and violation upon learning that your doctor put a stranger’s embryo into your body,” Murray released in a statement through her attorneys. “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.”
Adam Wolf, one of Murray’s attorneys, called the clinic’s alleged mistake a “very serious error” and the consequences “life-altering.”
“This should never happen in a fertility clinic,” Wolf said.
She ‘knew something was wrong’
According to the 41-page complaint, which cites violations of the state’s fair business practices act as well as gross negligence in the case, Murray hired the clinic to help her get pregnant with one of her eggs and donor sperm.
Murray selected a sperm donor who resembled her, “and was white, with dirty blonde hair and blue eyes,” her attorneys said, and the clinic transferred an embryo to Murray in May 2023.
On Dec. 29, 2023, according to her attorneys, “Murray delivered a beautiful, healthy baby boy, however, upon seeing the child, Krystena knew something was wrong.”
Murray requested a DNA test, received her results in late January 2024, according to her attorneys, and learned the baby belonged to a couple who also used Coastal Fertility to get pregnant.
Separate DNA test reveals another couple were child’s genetic parents
A separate DNA test confirmed the couple were the child’s genetic parents, according to Murray’s lawyers.
Sometime before late March 2024, the clinic suspected it transferred the stranger couple’s embryo into Murray and alerted the child’s biological parents, who in turn sued Murray to obtain custody of the child.
According to her attorneys, Murray hired family law attorneys who told her she was going to lose the case against her.
“Not wanting to make the situation any harder on her child, Krystena gave up her baby during a family-court hearing in May 2024,” her attorneys wrote.
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Full Story: USA Today February 19 2025