Orange County, California — March 3, 2026
On March 3, 2026, Fertility Law Group filed a lawsuit in Orange County Superior Court against Dr. Brian David Acacio and Acacio Fertility Center on behalf of 26 couples whose embryos were allegedly transported and withheld without their consent.
Since the filing of the lawsuit, dozens of additional patients have retained our firm, and the number of affected families continues to grow.
The lawsuit alleges that Dr. Acacio’s license was suspended for using illegal drugs, that he was practicing medicine without a license, and that, while his Laguna Niguel clinic was facing imminent eviction for failing to pay rent for over a year, he loaded all of his patients embryos into a truck and took them to Bakersfield—without patients’ knowledge or consent. After patients found out about it and demanded their embryos back, Acacio’s office refused, stating that embryos would only be released if patients signed a broad wavier and release of any claims against him.
“He’s stolen these people’s embryos.”
— Robert H. Marcereau, Fertility Law Group
The lawsuit seeks to secure the safe return of the embryos and to hold the defendants accountable for the conduct alleged in the complaint. Please click the hyperlink if you wish to read the lawsuit filed against Dr. Brian David Acacio and Acacio Fertility Center.
Fertility Law Group continues to speak with additional patients who may have been affected and expects that additional claims may be filed.
Anyone who underwent IVF treatment, embryo storage, embryo transfer, or related fertility services with Dr. Brian David Acacio or Acacio Fertility Center between 2024 and 2026 and who experienced complications, treatment disruptions, or difficulty obtaining their embryos is encouraged to contact Fertility Law Group.
All inquiries are confidential.
Patients may contact the firm at:
Press Coverage
KTLA 5 Los Angeles
Couples sue Orange County fertility doctor after embryos allegedly moved without consent
Los Angeles Times
Couples sue Orange County fertility doctor over embryos transported without consent
https://www.latimes.com/california/story/2026-03-03/hes-stolen-these-peoples-embryos-socal-fertility-doctor-is-sued
Orange County Register
Couples sue Laguna Niguel fertility doctor over embryos moved without consent
https://www.ocregister.com/2026/03/03/26-couples-sue-oc-fertility-doctor-who-moved-embryos-from-laguna-niguel-to-bakersfield/
ABC7 Los Angeles
Couples sue Orange County fertility specialist Dr. Brian David Acacio claiming embryos were moved without consent
https://abc7.com/post/couples-sue-orange-county-fertility-specialist-dr-brian-david-acacio-claiming-embryos-were-moved-consent/18673117/
CBS News Los Angeles
26 couples file lawsuit against Southern California fertility doctor over embryos
https://www.cbsnews.com/losangeles/news/ivf-embryo-lawsuit-orange-county-fertility-doctor-medical-license/
FOX 11 Los Angeles
Dozens sue OC fertility doctor alleging embryos were secretly relocated
https://www.foxla.com/news/orange-county-fertility-doctor-sued-brian-david-acacio
People Magazine
At Least 26 Patients Sue California Fertility Doctor, Alleging Their Embryos Are Being Held “Hostage”
https://people.com/26-patients-sue-calif-fertility-doctor-clinic-allege-embryos-held-hostage-11918950
Law & Crime
26 families sue fertility doctor who allegedly “rounded up” embryos and held them hostage
https://lawandcrime.com/lawsuit/26-families-sue-fertility-doctor-who-secretly-rounded-up-their-embryos-and-held-them-hostage-at-an-unknown-location/