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Legal Action Filed After Embryo Transfer Mix-Up by Georgia Fertility Clinic
A woman has taken legal action against a fertility clinic in Georgia after she was compelled to relinquish a baby boy born to her through an erroneous embryo transfer. The incident, which has raised serious ethical and legal concerns, occurred at Coastal Fertility Specialists.
Krystena Murray, the plaintiff in this case, noticed a significant discrepancy when she delivered the child on December 29, 2023. While she had opted for a sperm donor that resembled her—characterized by dirty blonde hair and blue eyes—she gave birth to a Black infant, which left her questioning the circumstances surrounding the conception.
Initially overwhelmed, Murray described her experience of caring for the baby as deeply emotional. She breastfed, took the child to routine medical check-ups, and built an affectionate bond, all while grappling with the uncertainty of the situation. Speaking through her legal representative, attorney Adam Wolf, Murray expressed her distress over the ordeal, stating she chose not to share any photos or the child’s presence with friends or family.
Seeking reassurance, she ultimately resorted to an at-home DNA test, which confirmed her suspicions by late January 2024. Following this revelation, on February 5, she contacted the fertility clinic, leading to the notification of the child’s biological parents. This couple, residing out of state, subsequently pursued custody of the infant.
“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 said through her attorney.
By May 2024, with guidance from her attorney regarding the impending custody battle, Murray relinquished custody of the boy, stating she has not seen him since. In her lawsuit, she is seeking a jury trial and $75,000 in damages, among other forms of restitution.
In response to the suit, Coastal Fertility Specialists acknowledged the mix-up and expressed regret for the emotional pain inflicted. “This was an isolated event with no further patients affected. The same day this error was discovered, we immediately conducted an in-depth review and put additional safeguards in place to further protect patients and to ensure that such an incident does not happen again,” stated the clinic.
The demand for fertility treatments, particularly in vitro fertilization (IVF), has significantly escalated in the United States, with a 33% increase from 2018 to 2023 as reported by the Pew Research Center. This rise in fertility procedures has also contributed to a notable increase in legal disputes surrounding them. Other cases include a couple from New York whose embryo was mistakenly implanted in another woman, a Texas couple suing for improper sperm use, and a California couple claiming a mix-up led to the wrong embryo being transferred to their surrogate.
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