The devastated couple have been forced to relinquish custody of the two babies after the catastrophic error, which saw the wrong embryos implanted
A couple from New York are suing their fertility clinic after an IVF mistake has left them with two children that are not biologically theirs, and are not even related to each other.
According to the lawsuit, the couple – who live in New York and are of Asian descent – were shocked to find that neither of their babies were Asian, and were forced to ‘relinquish custody’ of the children.
Keeping their identity anonymous to ‘minimise the embarrassment and humiliation already caused’, the couple known as AP and YZ had been trying to conceive for years before approaching CHA Fertility in Los Angeles last year.
In September 2018, they were ‘ecstatic’ to find out they were expecting twin girls. However, at both the three and five-month sonograms, results revealed the two babies were actually boys.
‘Confused’ by the mix-up, AP and YZ called the clinic owners Joshua Berger and Simon Hong, whom according to the lawsuit said ‘the sonogram results were not accurate and that it was not a definitive test.’
‘Defendant Berger and Defendant Hong assured Plaintiffs that they were having girls and that nothing was wrong,’ the document reads.
However, ‘on March 31, 2019, Plaintiff AP gave birth via caesarean section to two male babies, neither of which was of Asian descent.’
‘Shocked’ that the babies did not appear to be related to the couple, the lawsuit goes on to state that representatives for the clinic owners met the couple in hospital where AP and YZ then agreed to performed DNA tests on the babies.
Confirming they were not biologically related to the couple, the test also found that they were not even related to each other. As a result, they were not allowed to maintain custody of the children.
‘Subsequently, the testing revealed that Baby A was genetically matched to Couple A and Baby B was genetically matched to Couple B,’ the lawsuit states, ‘As a result, Plaintiffs were required to relinquish custody of Baby A and Baby B, thus suffering the loss of two children.’
It is not known how the two couples whom unexpectedly received new-borns reacted, but for AP and YZ, they believe their embryos were ‘never thawed, and/or destroyed by the defendants’.
Now, they’re suing the clinic owners on 16 counts, including from medical malpractice, negligence, reckless and wanton misconduct and deceit and fraudulent concealment.
Having spent over $100,000 on the treatments, travel and specialist services, the couple is demanding a jury trial.
‘Plaintiffs have suffered significant and permanent emotional injuries for which they will not recover,’ the document reads, ‘In addition, Plaintiff AP underwent physical and emotional injuries for which she is still under the treatment of medical providers and will continue to be in the future.’
CHA are yet to respond to comment requests.
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This article was originally written by Georgia Aspinall for Grazia.
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