The mother, who is Asian, gave birth to two non-Asian babies, and each child was a genetic battle for another couple who was also a client of the fertility clinic, the trial states. The Asian couple were then forced to give up the babies to their true genetic parents.
The couple, identified only as AP and YZ, live in Flushing, New York and got married in 2012. Having difficulty perceiving a child, they decided to try to get a child through in vitro fertilization, or IVF, with a company called CHA Fertility based out of Los Angeles, the trial states.
CHA Fertility did not respond to a request for comment.
The case says the couple spent more than $ 1
At the beginning of 2018, the company collected semen and eggs from YZ and A.P. and then five euploid embryos, four of which were women, formed the lawsuit.
The first attempt to transfer an embryo to A.P did not result in pregnancy. They tried again and were "ecstatic" when they learned A.P., were pregnant with twins in September 2018, say the trial.
However, a sonogram stated that the twins were both men. The "confused" couple because there was only one male euploid embryo that was not transferred to her, the trial states.
They called the co-owners of the fertility clinic to inquire about the problem, and were told that the sonograph's results were not correct and that this was not a final test, the trial says. One even said that when his wife was pregnant, they were told they should have a boy, but eventually had a girl, the trial states.
] But AP gave birth to two boys in March – and neither baby was of Asian descent.
] "The plaintiffs were shocked to see that the babies they were told were formed using both their genetic material, did not appear to be", the trial said.
DNA tests found that the babies were not related to the couple, nor were they related to each other. In fact, each baby was genetically related to a couple who had also been treated with CHA Fertility, says the trial.
Because of that, A.P. and Y.Z. was obliged to give up the custody of the babies to their genetic parents.
The couple still do not know what happened to their two embryos to be transferred to A.P., the trial states. The trial, filed on July 1, says the plaintiffs suffered physical and emotional harm and accused the defendants of medical malpractice, negligence and 14 other things.
CNN's Laura Ly and Sam Romano have contributed to this report.