For years, families across Southern California entrusted Acacio Fertility Center in Laguna Niguel with the most irreplaceable thing they had: their embryos. For many, those embryos represented years of treatment — injections, retrievals, genetic testing, savings spent — and, for some, their last realistic chance at a biological child.
What those families did not know was that, behind the scenes, the practice they trusted was coming apart. According to Medical Board of California orders cited in our court filings, Dr. Brian Acacio admitted to habitual cocaine use, was twice evaluated by a Board-appointed psychiatrist who concluded he had a mental condition affecting his ability to practice safely, and — after failing drug testing while on probation — was ordered by the Board on December 30, 2025 to cease practicing medicine altogether.
A 160-Mile Transport No Patient Approved
On December 17, 2025, facing imminent eviction from the Laguna Niguel clinic, Dr. Acacio loaded his patients’ cryopreserved embryos into a vehicle and drove them 160 miles north to a facility in Bakersfield. As our motion for preliminary injunction told the court: he did not ask a single patient. He did not tell a single patient. He did not allow a single patient to say no.
The Demand for Liability Waivers
When families asked for their embryos back, they encountered a condition no patient should ever face: Acacio would not release the embryos unless each family first signed a sweeping waiver releasing him from liability for what he had done. Defense counsel put the condition in writing — “Dr. Acacio stands ready to assist in the transfer of embryos for your clients once this Release has been fully executed.”
For families in their late 30s and 40s — some already preparing for embryo transfers within rapidly closing treatment windows — every week of delay carried real medical consequences. They faced an impossible choice: surrender their legal rights, or lose time they could not afford.
Our Motion for a Preliminary Injunction
On May 5, 2026, Fertility Law Group moved for a preliminary injunction requiring the immediate and unconditional release of every client’s embryos — without any release, waiver, consent, hold-harmless, indemnification, or other liability-limiting document of any kind.
The legal foundation was firm. California Civil Code section 1668 voids any contract that exempts a party from responsibility for its own fraud or willful misconduct. Under Tunkl v. Regents of the University of California, a pre-drafted release imposed as a condition of essential medical services is void as against public policy. And a release extracted by threatening to withhold a family’s irreplaceable embryos is a textbook case of economic duress. The motion was set for hearing on June 8, 2026, before the Honorable Lindsey E. Martinez of the Orange County Superior Court.
The Court’s Order: Unconditional Release
One week before the scheduled hearing, the defendants agreed to everything the motion demanded. The parties’ stipulation was entered as a binding court order on June 4, 2026. Under that order:
- Every plaintiff may have their embryos, eggs, sperm, and other genetic material released and transported to the facility of their choosing;
- The only paperwork required is two simple administrative forms — a records authorization and a transport request;
- The defendants are expressly prohibited from conditioning release on “any potential waiver, release, indemnity, hold-harmless agreement, liability limitation, notarization, Acacio consent form, or any other condition”;
- The defendants must cooperate in good faith and complete each transfer without delay; and
- Nothing in the order waives any claim our clients hold. The lawsuit continues in full.
The Fight Continues
Securing the embryos was the first priority — and it has been accomplished. Families are now free to move their embryos and genetic material to facilities they trust and to continue their fertility journeys without conditions attached.
But this case is far from over. Now that the embryos have been freed, Fertility Law Group is pursuing full compensation for the ordeal these families were put through — and for any harm resulting from the unauthorized transport, storage, and handling of their embryos and genetic material. The operative complaint asserts nine causes of action, including conversion, medical battery, concealment, and lack of informed consent, and seeks punitive damages for the unlawful taking of our clients’ property. We represent 134 families — more than 250 people — in this litigation, and we intend to see it through. This case sits at the heart of our practice: holding clinics accountable for lost, destroyed, and mishandled embryos and fertility center misconduct.
Court Documents
- First Amended Complaint and Demand for Jury Trial (PDF)
- Plaintiffs’ Motion for Preliminary Injunction (PDF)
- Stipulation and Order re Release of Plaintiffs’ Embryos and Genetic Material (PDF)
Based on public court filings in Santos, et al. v. Acacio Fertility Center, Inc., et al., Orange County Superior Court Case No. 30-2026-01551553-CU-PO-CJC, and Medical Board of California orders cited therein. The allegations in the pending lawsuit remain to be proven at trial.