CV NEWS FEED // A Georgia woman is suing an in vitro fertilization (IVF) clinic after discovering that the child she gave birth to was not biologically hers due to an embryo mixup.
The devastating mistake led to a custody battle, ultimately forcing the woman to hand over the baby to his genetic parents five months later.
Krystena Murray, a 38-year-old woman, filed the lawsuit Tuesday in Georgia state court, accusing Coastal Fertility Specialists of eight counts of misconduct, including gross negligence, fraudulent concealment, and lack of informed consent.
According to the lawsuit, Murray underwent IVF at the clinic, planning to conceive using a selected sperm donor. Instead, she was implanted with the wrong embryo and “unknowingly and unwillingly carried a child through pregnancy who was not biologically related to her.”
Murray, who is white and had chosen a sperm donor with similar features, was shocked when she gave birth to an African American boy in Dec. 2023. Speaking at a news conference Tuesday, she recalled realizing immediately that “something was wrong.”
Still, Murray had formed a deep bond with the baby and resolved to raise him. She “desperately wanted to keep the child,” according to the lawsuit.
In February 2024, Murray contacted Coastal Fertility, which then notified the baby’s biological parents.
The biological parents, who lived in another state, later sued for custody. Advised by her family law attorney that she had no legal grounds to keep the child, Murray voluntarily relinquished custody.
The baby boy was five months old when she handed him over, and she has not seen him since.
“The happiest day of their life is the worst day of mine,” Murray said.
Murray’s attorney Adam Wolf condemned the clinic’s mistake, saying at Tuesday’s news conference, “This is the cardinal sin for fertility clinics, to transfer the wrong embryo into one of your patients. It should never happen.”
Coastal Fertility addressed the lawsuit in a statement to CBS News, calling the error an “isolated event” and claiming that additional safeguards have since been put in place.
“To this day,” the lawsuit states, “Ms. Murray does not know if Coastal Fertility transferred to yet another couple an embryo that belonged to Ms. Murray and that should have been transferred to her. She does not know if her biologically related child is being raised by anyone else.”
Murray’s lawsuit is one of several cases in the fertility industry that have recently emerged, according to reports by NBC News.
In New York, a couple claimed their embryos were transferred to another patient. Two California women gave birth to each other’s babies due to an IVF mix-up in 2019, spending months raising the children before the mistake was discovered.
The lawsuit comes amid increasing debate over IVF.
Following President Donald Trump’s executive order expanding IVF access, CatholicVote weighed in on X: “IVF is NOT the solution to the skyrocketing infertility rates. The IVF industry prioritizes profit over people.”
“There are ethical forms of fertility treatment that help families identify the root cause of their infertility. Subsidizing Big Pharma and IVF is not the answer.”
Murray’s legal battle is ongoing as she seeks answers from the clinic.
“The actions of the fertility clinic have come very close to destroying me, have left irreparable damage to my soul, and ultimately left me questioning whether I should be a mom or not,” Murray said.
