A couple from Queens, New York, filed a federal suit last week accusing a California in vitro fertilization clinic of medical malpractice, negligence, battery and intentional infliction of emotional distress.
The first sign something was wrong was when the couple learned they were carrying boys; even though they had thawed and implanted two female embryos.
A doctor at CHA Fertility Center in Los Angeles told the couple that sometimes sonograms get it wrong. He reassured the couple they were having girls and that nothing was wrong.
In fact, something was very wrong. The mother delivered two boys. Subsequent DNA testing then showed the boys were not a genetic match to the couple, who were Asian. In a further twist, the lawsuit alleged that the two male babies were not genetically related to each other.
An incomprehensible series of events left a couple pregnant with someone else’s babies, neither of whom were related, the couple’s attorney told USA TODAY. “Our goal in filing this lawsuit is to obtain compensation for our clients’ losses, as well as to ensure that this tragedy never happens again”, said a statement from Michelle Greenberg from New Jersey firm Frier Levitt.
The mother gave birth to the boys on 30th March. But after DNA testing revealed the boys weren’t theirs, the couple relinquished custody.
The lawsuit says CHA’s website described the clinic as a “mecca of reproductive medicine” and one of the “premier fertility treatment networks in the world”. It was this promotional information that led to the couple to travel to the clinic in 2018 to undergo IVF. They claim it cost them $100,000 to give birth to babies that were not their own (including the IVF procedures, travel expenses and other costs). The husband had donated sperm, and the wife underwent a regimen to grow her eggs. By February 2018, five embryos were frozen for preservation, the lawsuit stated.
After one unsuccessful IVF attempt, the couple were told they were pregnant with twin girls.
DNA maternity testing
The purpose of a DNA maternity test is to ascertain if there is a biological relationship between a child and a possible mother. It can provide the definitive answers a family needs when a mother has conceived a child (or children) through in vitro fertilization and would like to confirm that the correct embryo was implanted into her uterus. DNA maternity testing is also useful when there are concerns that baby switching has mistakenly occurred within a hospital.
The test costs $119 online and results can be received by email within 3–5 working days after our laboratory has received your samples.