Woman in U.S. loses custody of 5-month-old baby after IVF mix-up

Article content

A woman in the United States is suing a fertility clinic after she gave birth to a baby — who she raised as her own for five months — but then had to surrender him to his biological parents.

Krystena Murray alleges that Coastal Fertility Specialists “recklessly” transferred an embryo belonging to another family into her womb and forced her to “unknowingly and unwillingly” carry a child who is not related to her, according to a complaint filed in Georgia on Feb. 18.

Article content

“She was turned into an unwitting surrogate, against her will, for another couple,” per the complaint. “She carried, lovingly cared for, and delivered a child who ended up not being biologically related to her. And then, for nearly half a year, she bonded with the child — her child — in addition to her bonding with the baby while he was still in the womb.”

Murray found out that the baby boy was not biologically hers when he was born on Dec. 29, 2023. Murray, who has blond hair and blue eyes, used her egg with sperm from a donor who physically resembled her. The baby was Black.

Although she knew the baby could not be her biological son, she “desperately wanted to keep the child.”

This has destroyed me. I’m heartsick; I’m emotionally broken

Krystena Murray

“She had no issues or concerns with the baby’s race, other than the fact that it indicated to her that he was not related to her,” according to a news release from the law firm of Murray’s attorney on Tuesday. “Krystena anxiously wondered: Whose embryo was transferred to her? And would someone come to the hospital room — or later, Krystena’s house — and take her child?”

In March 2024, the fertility clinic “surmised” what had occurred and alerted the baby’s biological parents, the complaint said. They decided to sue Murray for custody.

Article content

Article content

A DNA test confirmed that the couple was, in fact, the baby’s biological parents, per the complaint. In a May 2024 court hearing, Murray gave up the baby, as her family law attorneys advised her that she would “ultimately lose” him, the news release said. “After spending every moment with her child for the prior five months, Ms. Murray has not seen her child ever since,” said the complaint. The baby’s biological parents were given full custody and reside in a different state.

“This has destroyed me. I’m heartsick; I’m emotionally broken. Nothing can express the shock and violation upon learning that your doctor put a stranger’s embryo into your body. 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,” said Murray, per the news release.

The goal of the lawsuit, as described in the complaint, is to “seek accountability from Coastal Fertility and its employees for their reckless misconduct that led to this preventable nightmare.”

The clinic responded in a post on social media on Feb. 18.

“Coastal Fertility Specialists deeply regrets the distress caused by an unprecedented error that resulted in an embryo transfer mix-up. While this ultimately led to the birth of a healthy child, we recognize the profound impact this situation has had on the affected families, and we extend our sincerest apologies,” the statement said.

Article content

“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. These additional measures reinforce our already stringent protocols and reflect our commitment to patient safety, transparency, and trust.”

They added that they were doing “everything” they can “to make things right for those affected by this incident.” The clinic did not respond to the National Post’s request for comment.

Murray’s attorney Adam Wolf called for stricter regulations within the industry.

“Unfortunately, the United States does not have meaningful fertility industry oversight. Until IVF clinics are subject to real regulations, reporting requirements and mandatory certification programs for lab staff, these mishaps will continue to occur,” he said in a news release.

The clinic used the in vitro fertilization (IVF) method to impregnate Murray.

The process included retrieving eggs from her ovaries. She was prescribed drugs to stimulate egg development and ovulation, per the complaint, which were given by needle daily for two to three weeks. Murray also had to inject herself up to five times a day until the egg retrieval surgery, which caused “unnatural stomach bloating and sharp mood swings.” After the surgery, Murray was in “substantial pain.” Several eggs were retrieved. The eggs were then mixed with sperm she had chosen from a donor to create embryos. During the final part of the IVF procedure, an embryo was implanted into her uterus.

Article content

The process is unique to every individual but on an average “one full cycle of IVF takes about 2 to 3 weeks,” according to not-for-profit medical group practice Mayo Clinic. “IVF involves getting procedures that can be time-consuming, expensive and invasive.”

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our newsletters here.

Article content