Parents birth each other’s babies after mix-up at fertility clinic

Parents birth each other's babies after mix-up at fertility clinic

Two couples spent months raising baby girls that weren’t theirs after a mix-up at a Los Angeles fertility clinic — which implanted the mothers with each other’s embryos during in-vitro fertilization, according to a lawsuit.

Daphna Cardinale said she and her husband, Alexander, quickly suspected that the girl she gave birth to in late 2019 wasn’t theirs because she had a darker complexion than they do.

“I had a weird, sort of a gut reaction when she was born. It wasn’t anything logical. It was just like an instinct,” Alexander said during a news conference Monday with his wife announcing the lawsuit filed in LA, CBS News reported.

In the delivery room, he had expected “a fair child,” like their firstborn, but he was surprised to see the baby girl “came out with much darker skin,” the lawsuit says. “It was so jarring that Alexander actually took several steps away from the birthing table, backing up against the wall.”

In a video submitted by Daphna and Alexander Cardinale lawyer, they talk about they gave birth to a different IVF embryo while their older daughter holds the child that isn't theirs.
In a video submitted by Daphna and Alexander Cardinale lawyer, they talk about they gave birth to a different IVF embryo while their older daughter holds the child that isn’t theirs.
Daphna & Alexander Cardinale

But the parents ignored their doubts because they fell in love with the infant and trusted their doctors, Daphna told reporters.

“I was overwhelmed by feelings of fear, betrayal, anger and heartbreak,” the distraught woman said, adding that she suffered trauma when she found out months later that she had carried another woman’s baby and that the other woman had her child.

“I was robbed of the ability to carry my own child. I never had the opportunity to grow and bond with her during pregnancy, to feel her kick,” Daphna added. “Instead of breastfeeding my own child, I breastfed and bonded with a child I was later forced to give away.”

The Cardinales are seeking a jury trial for unspecified damages in their lawsuit, which accuses the California Center for Reproductive Health and its owner, Dr. Eliran Mor, of medical malpractice, breach of contract, negligence and fraud.  The couple also is suing a third-party embryology lab for alleged misconduct.

The suit alleges that CCRH mistakenly implanted the other woman’s embryo into Daphna and transferred her embryo — made from her egg and Alexander’s sperm — into the other woman.

After the girls were born a week apart in September 2019, both couples unwittingly raised the wrong child for almost three months before DNA tests confirmed that the embryos were swapped, according to the lawsuit.

Daphna and Alexander Cardinale
Daphna and Alexander Cardinale were given the wrong embryo due to a mix up at a fertility clinic and didn’t realize the baby wasn’t theirs for several months.
Daphna & Alexander Cardinale via AP

“When I found out she wasn’t mine I poured more love into her. Maybe I was just clinging to her. I was just so scared I was going to lose her, which I ultimately did,” Daphna said.

The babies were swapped back in January 2020.

Breaking the news to their older daughter, now 7, that the new baby wasn’t actually her sister “was the hardest thing in my life,” Daphna said. “My heart breaks for her, perhaps the most,” she added.

Alexander Cardinale
Daphna and Alexander Cardinale managed to swap babies with the couple that had theirs but not before undergoing several traumatic ordeals.
Peiffer Wolf Carr Kane & Conway

“The Cardinales, including their young daughter, fell in love with this child, and were terrified she would be taken away from them,” the lawsuit says.

“All the while, Alexander and Daphna did not know the whereabouts of their own embryo, and thus were terrified that another woman had been pregnant with their child — and their child was out in the world somewhere without them,” it says.

Yvonne Telles, the office administrator for the center, declined to comment to The Associated Press on Monday. Mor could not immediately be reached for comment.

Alexander and Daphna Cardinale
Alexander and Daphna Cardinale said that while they loved the child that had been birthed, Daphna felt robbed of carrying her own child.
Peiffer Wolf Carr Kane & Conway

The other couple involved in the alleged mix-up wishes to remain anonymous and plan a similar lawsuit, according to attorney Adam Wolf, who represents all four parents.

Both couples have since made an effort to stay in each other’s lives and “forge a larger family,” Daphna said.

“They were just as much in love with our biological daughter as we were with theirs,” Alexander said.

Both couples agreed to stay in contact with each other as they "forge a larger family."
Both couples agreed to stay in contact with each other as they “forge a larger family.”
Peiffer Wolf Carr Kane & Conway

An estimated 1.9 percent of American children are conceived through assisted reproductive technology each year, according to CBS News.

Such mix-ups like this are extremely rare, but not unprecedented.

In 2019, a couple from Glendale, California, sued another fertility clinic, claiming their embryo was mistakenly implanted in a New York woman, who gave birth to their son as well as a second boy belonging to another couple.

Wolf called for greater oversight for IVF clinics, saying, “This case highlights an industry in desperate need of federal regulation.”

Alexander said: “We can’t sleep at night knowing that this is happening and no one’s … talking about it.”

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