Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, November 13, 2021

California Couple Sue Clinic For Alleged IVF Swap 'horror'

From BBC News:

Daphna and Alexander Cardinale say they gave birth in September 2019 to a girl that looked nothing like them. After a DNA test, they found the couple that carried their daughter to term, and together decided to swap the girls.

The Cardinales are suing the Los Angeles-based fertility centre, the California Center for Reproductive Health (CCRH), as well as In VitroTech Labs, an embryology lab. The lawsuit alleges medical malpractice, negligence and fraudulent concealment.

According to the lawsuit, the couple sought help from the fertility clinic in the summer of 2018. Mrs Cardinale gave birth the next year to a child they thought was theirs.

Nearly two months later the family decided to take at-home DNA tests, which ultimately determined they were not biologically related to the infant.

The CCRH then helped them find the California couple who had carried their daughter and had given birth to another healthy girl a week apart. The Cardinales' daughter was around four months old when they first met. After several meetings, the couples agreed to go through the legal process of formally exchanging the babies, which happened in January 2020.

Read more here.

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