A Georgia woman, Krystena Murray, has filed a lawsuit against a fertility clinic after discovering that the embryo implanted in her was not her own. The shocking mistake led to her giving birth to a baby boy who was biologically unrelated to her, forcing her to surrender him to his biological parents five months after his birth. The case raises serious concerns about the safety and oversight of fertility treatments in the United States.
Murray, a 38-year-old wedding photographer from Savannah, sought fertility treatment at Coastal Fertility Specialists, which operates clinics in Georgia and South Carolina. She chose in vitro fertilization (IVF) with the help of a sperm donor, selecting a donor with features similar to her own white, with dirty blond hair and blue eyes.
In December 2023, she gave birth to a baby boy, but immediately noticed something was wrong. The newborn had dark skin, and Murray realized he did not resemble her or the donor she had chosen. As she described it, the joy of childbirth was quickly replaced by fear and confusion.
A DNA test later confirmed her worst fears the baby was not biologically related to her. Hoping it was a mix up with the sperm, she reached out to the clinic. However, further testing confirmed that the embryo implanted in her did not belong to her at all. This devastating realization meant she had unknowingly become a surrogate for another couple.
The clinic identified the baby’s biological parents, an African American couple, and after confirming the mistake through DNA testing, they pursued legal action to gain custody of their child. Despite her deep emotional bond with the baby, Murray ultimately surrendered him in February 2024.
Recalling the painful moment she gave up the child, Murray said, “I walked in a mom with a child and a baby who loved me and was mine and was attached to me, and I walked out of the building with an empty stroller.”
The lawsuit accuses Coastal Fertility Specialists and Dr. Jeffrey Gray, the director of its embryology laboratory, of negligence. It claims that the clinic failed to follow proper procedures, resulting in a grave violation of medical ethics. Murray’s attorney, Adam Wolf, described the situation as a “cardinal sin for fertility clinics,” emphasizing that such mistakes should never happen.
IVF mistakes are considered rare but have happened before. In 2019, a New York couple sued a California fertility clinic for implanting embryos belonging to two other couples. A similar case in 2021 resulted in two families unknowingly raising each other’s children for several months before swapping them.
Unlike in other developed countries, IVF in the U.S. is not subject to strict government oversight. No federal agency tracks or enforces standards to prevent embryo mix-ups, leaving many patients vulnerable to medical errors. Legal experts like Professor Dov Fox of the University of San Diego warn that without mandatory regulations and reporting requirements, such incidents could continue to occur.
Murray’s lawsuit seeks damages and a jury trial. While the clinic has acknowledged the error and stated that additional safeguards have been implemented, it remains unclear whether any of Murray’s own embryos were transferred to another couple or if they are still in storage.
Murray, despite her heartbreak, expressed her love for the baby she carried and raised. “I spent my entire life wanting to be a mom. I loved, nurtured, and grew my child, and I would have done literally anything in my power to keep him,” she said.
Her case highlights the urgent need for stricter regulations and safeguards in fertility treatments to ensure that no other family endures the same anguish.