After five months of caring for her newborn, Christina Murray is now faced with the difficult decision of returning him to his biological parents.
As someone who works at a fertility clinic, Murray suspected something was amiss when her child was born from donor eggs and sperm. Although she is white, her baby is black, indicating that the wrong embryo had been implanted. This realization struck her hard. “When you learn that your doctor has placed a stranger’s embryo in your body, it’s hard to describe the shock and violation,” Murray expressed in her legal filings.
Litigations related to in vitro fertilization (IVF) are piling up, driven by various lawsuits and mistakes within the industry.
A notable ruling by the Alabama Supreme Court in 2024 categorized frozen embryos as children, sparking mixed reactions among Republicans. While many, including then-President Trump, voiced support for IVF, some life support groups expressed their disapproval.
This Alabama case centers on a lawsuit from three couples whose embryos were accidentally dropped and destroyed, exemplifying the growing number of legal complaints against healthcare providers in this field. NBC News found over 300 such lawsuits between 2019 and 2024, which cite losses, destruction, or confusion regarding IVF procedures.
Recent research highlights 133 incidents of lost or damaged frozen embryos reported from January 2009 to April 2019. “IVF errors are more common than we think,” remarked Kallie Fell, the executive director of the Bioethics & Culture Network. “Often, they go unreported.”
In December 2024, a New York couple filed a lawsuit against a clinic after it destroyed their frozen embryos and delayed notifying them for five years. Similarly, a father and his 18-year-old daughter initiated legal action against an IVF doctor in October 2024 upon discovering they were not biologically related. Moreover, a Washington couple sued another facility in September 2024 over the destruction of seven embryos.
As for the Alabama Supreme Court case, the couples involved eventually dropped their lawsuits, with two cases being withdrawn in early August and the third in December. This prompted state legislators to introduce a bill aimed at shielding IVF providers from certain types of liability.
“When there’s no oversight, all kinds of errors can occur,” said Adam Wolf, an attorney representing a large number of individuals against a fertility center. He criticized the Alabama law for potentially immunizing fertility clinics from accountability, suggesting it may lead to chaos within the industry.
“A choice that will change your life”
Some legal cases target companies that manufacture reproductive technology.
In June, three plaintiffs filed a class-action lawsuit against a California firm after claiming that a genetic test promoted for use during IVF yielded inaccurate results, leading to unnecessary embryo discards.
This particular testing market generates approximately $300 to $400 million annually. “Studies indicate no significant difference in pregnancy outcomes whether or not PGT-A is used,” the lawsuit claims.
At least four separate litigations have accused businesses of misleading consumers regarding these testing technologies. One such suit was dismissed in August after the filing party sought to amend their complaint.
“IVF patients need clarity on what this test entails before making costly and life-altering decisions,” stated Allison Freeman, an attorney involved in some of the lawsuits. “These patients are among the most vulnerable in healthcare,” she added, emphasizing the importance of holding unethical practices accountable.
CooperSurgical is one company facing ongoing litigation regarding the PGT-A test, particularly after a recall of a solution used to develop embryos. A judge is expected to rule on a class-action effort related to destroyed embryos in December, although CooperSurgical has yet to comment.
“Expanding IVF Access”
In February, Trump signed an executive order promising to make IVF more affordable. However, recent reports suggest the administration might be moving away from prior proposals to require insurance coverage for IVF treatments.
As of now, no policy recommendations have been issued to mitigate IVF costs, despite Trump’s executive order requesting such measures within 90 days.
According to White House spokesperson Kush Desai, Trump is committed to expanding IVF access for those wishing to start families and exploring options to tackle the root causes of infertility.
During his 2024 campaign, Trump referred to himself as the “father of IVF,” advocating for insurance coverage of the procedure. “We will ensure that treatment is covered under the Trump administration,” he stated in an interview.
Public support for IVF remains strong, with 82% believing that insurance should cover its costs, according to an April poll. Former Transportation Secretary Pete Buttigieg conveyed that Democrats should also push for IVF insurance coverage.
Organizations opposed to IVF highlight concerns regarding the practice, noting that many created embryos are left frozen or discarded. The Catholic Medical Association emphasized that all human lives should be respected from the moment of conception.
Life advocate Kristan Hawkins pointed out that the U.S. IVF industry lacks the regulation seen in many countries and suggested that if the Trump administration plans to increase funding for IVF, it should also consider implementing regulations.
