Wrong Embryo Implanted

Did The Fertility Clinic Implant the Wrong Embryo? Our Fertility Malpractice Lawyers Can Help.

Fertility treatments can bring hope to couples struggling with infertility, but it can also lead to a nightmare scenario where the fertility clinic mistakenly implants the wrong embryo in the patient. This may result in (1) a patient giving birth to a child that is not biologically related to the mother or father; or (2) for patients who are unable to have biologically related children, an embryo that is different from the one the patient picked. The phenomenon of fertility clinics inserting the wrong embryo is more common than people realize, with devastating consequences for the families involved.

Chance of a Wrong Embryo Being Implanted

A study in the UK found that 1 out of every 1000 patients had the wrong embryo implanted. While the UK has a regulatory body overseeing fertility clinics, the United States does not, leaving many families vulnerable to this type of malpractice. The emotional toll of discovering that the child you have been raising was the wrong embryo can be devastating – to both the parents and child. It can also lead to complex legal and ethical questions, such as custody disputes and inheritance rights.

What Are My Options?

Discovering that your child is not biologically yours due to a fertility malpractice is a devastating and emotionally charged situation. The realization that the joyous addition to your family was the result of an error can leave you feeling betrayed, confused, and unsure of your legal rights. However, it’s essential to remember that you are not alone, and there are steps you can take to confirm what happened, protect your family, and enforce your rights. Below is a step-by-step guide to help victims navigate this challenging situation.


  1. Confirm the Biological Discrepancy: Consult a trusted medical professional to confirm the biological discrepancy. Request a DNA test for both you and your child to establish conclusive evidence. This will help provide clarity on what happened, allow you to make an informed decision on what to do next, and provide you with the necessary documentation to proceed with your case.
  2. Seek Emotional Support: Learning that your child is not biologically yours can have a profound emotional impact on both you and the child. Reach out to supportive family members, friends, or seek professional counseling services to help you process your feelings and navigate through this difficult time. Professional counselors can also help you determine the appropriate time and way to broach this subject with your child.
  3. Gather Documentation: Collect all relevant documentation related to your fertility treatments, including medical records, consent forms, and any correspondence with the fertility clinic or medical professionals. These records will serve as critical evidence in your case.
  4. Consult with an IVF Malpractice Attorney: Engage the services of a reputable reproductive law attorney experienced in fertility malpractice cases. They will guide you through the legal process, explain your rights, and help you understand the options available to seek justice. Choose an attorney who specializes in reproductive law and has a successful track record in handling similar cases.
  5. Evaluate Legal Options: Your attorney will assess the details of your case and advise you on the available legal options. They may suggest pursuing a malpractice claim against the fertility clinic or reproductive professional involved in the wrongful implantation. Alternatively, they might recommend negotiating a settlement or exploring other legal avenues depending on the specific circumstances of your situation.
  6. Document All Expenses and Emotional Damages: Keep detailed records of any expenses incurred due to the fertility malpractice, such as additional medical costs, therapy fees, and legal fees. It’s crucial to document the emotional and psychological impact on you and your family as well. These records will help in determining the compensation you are entitled to seek.
  7. File a Malpractice Claim: If your attorney advises that you have a valid case, they will guide you through the process of filing a malpractice claim. They will ensure all necessary paperwork is completed accurately and within the required timeframes. Your attorney will also help you understand the potential outcomes and the compensation you may be eligible to receive
  8. Seek Mediation or Pursue Litigation: Depending on the circumstances and your desired outcome, your attorney may explore mediation or recommend pursuing litigation. Mediation can provide a more amicable resolution, while litigation may be necessary if a settlement cannot be reached. Your attorney will advocate for your rights and represent your interests throughout the legal proceedings.
  9. Prioritize Your Family’s Well-Being: While pursuing justice is essential, it’s vital to prioritize the well-being of your family throughout the process. Maintain open communication with your partner, children, and extended family members. Seek professional counseling to address any emotional trauma and ensure your family receives the support it needs.

What Information Should I Start Preparing for an Attorney?

Get copies of any DNA or paternity tests.  Request all of your medical records and bills relating to fertility, the pregnancy, and the birth.  This includes records from the fertility clinic, your OB/GYN, and the medical facility where your child was born.  Make sure to gather any contracts you signed with the fertility clinic, and any emails or communications you had with the clinic.  These things may all provide crucial evidence down the road.

What NOT to Do Before Speaking with An Attorney

When you first learn of the problem, do NOT tell the fertility clinic or doctor that you are intending to make a claim. Try to get all of the information listed above BEFORE they shield themselves with lawyers and claims representatives, and before documents go “missing”.

If the fertility clinic is already aware of the malpractice, they may try to get you to sign a release of liability or try to buy you off with a low-ball settlement or a refund. Do NOT sign anything before talking to a lawyer. Likewise, do NOT cash any checks or accept any money from them before talking to a lawyer. Otherwise, you may unwittingly forfeit your right to make a claim later on.

Contact a Fertility Malpractice Lawyer

Families who have been affected by this issue can seek justice through a fertility malpractice lawyer. Our firm has experienced attorneys who will fight for families against fertility clinics and their insurance companies to recover damages for the harm they suffered. If you have been affected by fertility clinic malpractice, you’re not alone. We invite you to call us for a free, confidential initial consultation. Our fertility law group understands the devastating impact this can have on families and will work tirelessly to help you seek justice and closure.

Get Help Now

If you have questions about your rights or your options, please contact us for a free consultation. There is no obligation and we keep all inquiries strictly confidential.