Orlando mother gave birth to someone else’s baby after doctor implants wrong embryo during IVF treatment, lawsuit claims

A Florida couple is suing an Orlando fertility clinic after a genetic test revealed their newborn child is not related to either of them.

“This is an absolute nightmare for all parties involved,” said Orlando-based attorney Albert Yonfa.

The couple claims a doctor implanted the wrong embryo during in vitro fertilization treatment at a fertility clinic in Orlando.

“There’s gonna be a civil lawsuit that comes later, and it’s gonna be enormous. It’s gonna involve breach of contract, medical malpractice, intentional infliction or negligent infliction of emotional distress, but right now, this is just an emergency injunction,” said Yonfa.

According to the initial request for an injunction, after giving birth to a healthy baby girl, both parents noticed that the newborn didn’t resemble either of them.

Yonfa said the judge is likely to agree to the couple’s request to determine what led to the nightmare scenario and how widespread it has become.

“What the family is asking is for the judge to basically conduct a search-and-rescue operation. What’s very likely to happen is the judge is immediately going to send down an order forcing the clinic to preserve all records, notify all potentially affected parties, and begin genetic testing right away,” said Yonfa.

The couple’s lawyers argue it was clear the newborn was a different ethnicity from her birth parents. A genetic test later confirmed that their child was not genetically related to them.

“For the parents, obviously this is – this creates a massive life-altering burden on them and on this future child,” said OB-GYN doctor Dominique Jodry.

According to legal experts, despite giving birth to that girl, her birth parents would not be considered her legal parents. Her legal parents are the actual genetic mother and father.

In this circumstance, experts say the strong bond cited in the complaint between the birth mother and newborn makes this case even more heartbreaking.

“Believing that it’s your child naturally would lead you to be more attached from day one. And now, all of a sudden, they realize this is not their genetically linked child, so it’s got to be very devastating for them,” said fertility expert Lisa Schuman.

The IVF treatment can cost up to $30,000 for each implant procedure from start to finish.

Jodry believes the massive error occurred after the system broke down at the clinic.