Georgia Woman Sues Fertility Clinic Over Embryo Mix-Up

SAVANNAH, Ga. — A 38-year-old woman is suing a fertility clinic in Georgia after an alleged mix-up during in vitro fertilization (IVF) led to her giving birth to another couple’s child. The lawsuit, filed Tuesday in the State Court of Chatham County, claims Krystena Murray unknowingly carried an embryo that was not related to her, which she discovered only after the birth of her son on December 29, 2023.

Murray, a Savannah resident, had selected a sperm donor who resembled her with dirty blonde hair and blue eyes. However, upon giving birth, she was shocked to find a baby boy “dark-skinned and African American,” indicating a potential IVF mix-up, according to the suit.

“The birth was supposed to be the happiest moment of my life, but I realized something was wrong instantly,” Murray said during a press conference. “How could this have happened?” Despite the shocking realities, Murray developed a bond with the baby, feeding him and attending doctor’s appointments.

In late January 2024, she took an at-home DNA test to confirm her suspicions. The results revealed that the child was not biologically hers, prompting her attorney to contact Coastal Fertility Specialists (CFS) the following month. The clinic subsequently reached out to the biological parents, who then sued Murray for custody of the child.

Murray struggled with the decision to give up custody but, after consulting with legal advisors, she agreed to relinquish the baby to his biological parents in May 2024. “It was the hardest day of my life. I walked in a mom with a child and left with an empty stroller,” she recounted, her voice filled with emotion.

The lawsuit states that Murray is seeking over $75,000 in damages from CFS, citing negligence, breach of fiduciary duty, and other claims. It emphasizes the grave psychological toll the incident has taken on her.

“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,” Murray stated.

Adam Wolf, Murray’s attorney, highlighted the unprecedented nature of this case. He referred to it as the “cardinal sin” for fertility clinics to mistakenly transfer the wrong embryo. Wolf has represented over 1,000 clients in similar fertility disputes and aims to raise greater awareness of regulatory oversights in the reproductive health industry.

Murray, who had long dreamt of motherhood, stated her hopes of becoming a parent again. She is undergoing treatment at a different clinic and remains determined to pursue her dream of becoming a mother. “I want to share my story to let others know they are not alone,” she said.

Coastal Fertility Specialists acknowledged the error in a statement, expressing regret for the distress caused and stating that this incident was an isolated case. The clinic claims to have implemented additional safeguards to prevent future occurrences.

As IVF gains popularity across the United States, cases like Murray’s highlight critical gaps in the regulatory framework surrounding fertility clinics, with experts advocating for more stringent oversight to protect patients.