Calls for IVF industry reform grow after embryo mix-up leads to custody battle
Pranjal Chandra | Feb 19, 2025, 16:05 IST
( Image credit : TIL Creatives )
A Georgia woman, Krystena Murray, inadvertently became a surrogate after a fertility clinic implanted her with another couple's embryo. She gave birth to the child and later had to surrender him to his biological parents. The ordeal has spurred a legal battle and underscored the need for stricter IVF industry regulations.
A Georgia woman’s journey to motherhood took a devastating turn when a fertility clinic mistakenly implanted her with the wrong embryo, leading her to unknowingly give birth to another couple’s child. The traumatic ordeal has ignited a legal battle and renewed concerns over the lack of federal oversight in the in vitro fertilization (IVF) industry.
Krystena Murray, 38, of Savannah, Georgia, filed a lawsuit Tuesday against Coastal Fertility Specialists, alleging that she was “unknowingly and unwillingly turned into a surrogate” after the clinic transferred an embryo that was not biologically hers. Five months after giving birth, she was forced to surrender the child to his biological parents, a process she described as both agonizing and life-shattering.
Murray, a wedding photographer, had made the deeply personal decision to conceive using IVF and a sperm donor. She selected a donor with features resembling her own—white with dirty blonde hair and blue eyes—and underwent an embryo transfer at the fertility clinic in 2023. However, when she gave birth in December of that year, she immediately knew something was wrong.
“The birth of my child was supposed to be the happiest moment of my life, and honestly, it was. But it was also the scariest moment of my life,” Murray said during a press conference. “All of the love and joy I felt seeing him for the first time was immediately replaced by fear. How could this have happened?”
Her worst fears were confirmed after a DNA test revealed the child was not biologically related to her. Hoping it was just a sperm mix-up, she informed the clinic, only to learn that the error was much worse—a complete embryo mix-up had occurred.
Murray’s attorney, Adam Wolf, emphasized the gravity of the clinic’s mistake, calling it the “cardinal sin” of fertility medicine. The lawsuit accuses Coastal Fertility Specialists and its director of embryology, Dr. Jeffrey Gray, of negligence and other claims. Murray is seeking damages and a jury trial.
“This should never happen,” Wolf stated. “Fertility clinics must be held accountable for ensuring that every embryo transfer is correct. There are no second chances in these cases.”
In response, Coastal Fertility Specialists acknowledged the error and issued a statement expressing regret. “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,” the clinic said.
Murray’s case is the latest in a series of IVF mix-ups that highlight the lack of uniform regulations governing fertility clinics in the United States. Unlike other medical procedures, IVF is not federally regulated, leaving clinics to operate under a patchwork of state laws and industry guidelines.
Dov Fox, a law professor at the University of San Diego and director of the Center for Health Law Policy and Bioethics, points out that no central authority tracks or polices these types of errors. “When it comes to assisted reproduction, no agency ensures that such substantial and needless mistakes don’t happen,” he said.
Murray’s attorney and other legal experts are calling for the U.S. to implement regulations similar to those in other developed nations, where strict oversight and reporting requirements help prevent these types of devastating mix-ups.
Although IVF mix-ups are considered rare, they are not unheard of. In 2019, a New York couple sued a California fertility clinic after discovering they had been implanted with embryos belonging to two other couples. In 2021, two California families unknowingly raised each other’s biological children for months before realizing the error and swapping custody.
These high-profile cases underscore the emotional and legal complexities surrounding fertility medicine errors. For families who undergo IVF—a process that is often emotionally, physically, and financially taxing—these mistakes can have life-altering consequences.
Despite knowing the baby was not biologically hers, Murray developed an unbreakable bond with him. She raised him as her own for five months before being compelled to hand him over to his biological parents in February 2024.
“I walked into that courtroom a mom, with a baby who loved me, who was mine and attached to me,” she recalled. “And I walked out with an empty stroller. They left with my son.”
Murray describes the child she carried as “the most beautiful human” she has ever seen and says she will always consider him her son. “I spent my entire life wanting to be a mom. I loved, nurtured, and grew my child. I would have done anything to keep him.”
Murray’s case has reignited the debate over fertility clinic accountability and the rights of parents who undergo IVF. With no clear federal guidelines in place, legal experts warn that more families could face similar ordeals in the future.
Advocates are pushing for increased oversight, mandatory reporting of fertility errors, and stricter certification programs for IVF lab staff. Until such changes are made, families undergoing IVF remain vulnerable to errors that could alter their lives forever.
For Murray, the lawsuit is not just about seeking justice for herself—it’s about preventing future tragedies. “No parent should have to go through what I went through. No one should have their child taken from them due to someone else’s mistake,” she said.
As the case moves forward, many are watching closely to see whether this lawsuit will finally spark the regulatory changes that fertility patients have long needed.
Krystena Murray, 38, of Savannah, Georgia, filed a lawsuit Tuesday against Coastal Fertility Specialists, alleging that she was “unknowingly and unwillingly turned into a surrogate” after the clinic transferred an embryo that was not biologically hers. Five months after giving birth, she was forced to surrender the child to his biological parents, a process she described as both agonizing and life-shattering.
From joy to heartbreak: a mother’s nightmare
“The birth of my child was supposed to be the happiest moment of my life, and honestly, it was. But it was also the scariest moment of my life,” Murray said during a press conference. “All of the love and joy I felt seeing him for the first time was immediately replaced by fear. How could this have happened?”
Her worst fears were confirmed after a DNA test revealed the child was not biologically related to her. Hoping it was just a sperm mix-up, she informed the clinic, only to learn that the error was much worse—a complete embryo mix-up had occurred.
Legal fallout and a fight for accountability
“This should never happen,” Wolf stated. “Fertility clinics must be held accountable for ensuring that every embryo transfer is correct. There are no second chances in these cases.”
In response, Coastal Fertility Specialists acknowledged the error and issued a statement expressing regret. “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,” the clinic said.
The lack of federal oversight in the IVF industry
Dov Fox, a law professor at the University of San Diego and director of the Center for Health Law Policy and Bioethics, points out that no central authority tracks or polices these types of errors. “When it comes to assisted reproduction, no agency ensures that such substantial and needless mistakes don’t happen,” he said.
Murray’s attorney and other legal experts are calling for the U.S. to implement regulations similar to those in other developed nations, where strict oversight and reporting requirements help prevent these types of devastating mix-ups.
A rare but devastating mistake
These high-profile cases underscore the emotional and legal complexities surrounding fertility medicine errors. For families who undergo IVF—a process that is often emotionally, physically, and financially taxing—these mistakes can have life-altering consequences.
A mother’s love, a forced goodbye
“I walked into that courtroom a mom, with a baby who loved me, who was mine and attached to me,” she recalled. “And I walked out with an empty stroller. They left with my son.”
Murray describes the child she carried as “the most beautiful human” she has ever seen and says she will always consider him her son. “I spent my entire life wanting to be a mom. I loved, nurtured, and grew my child. I would have done anything to keep him.”
What’s next for IVF patients?
Advocates are pushing for increased oversight, mandatory reporting of fertility errors, and stricter certification programs for IVF lab staff. Until such changes are made, families undergoing IVF remain vulnerable to errors that could alter their lives forever.
For Murray, the lawsuit is not just about seeking justice for herself—it’s about preventing future tragedies. “No parent should have to go through what I went through. No one should have their child taken from them due to someone else’s mistake,” she said.
As the case moves forward, many are watching closely to see whether this lawsuit will finally spark the regulatory changes that fertility patients have long needed.