The mother, who is Asian, gave birth to two non-Asian babies, and each child was a genetic match with another couple who was also a client at the Fertility Clinic, the lawsuit states. The Asian couple were then forced to leave the babies to their true genetic parents.
The couple, identified only as AP and YZ, live in Flushing, New York, and were married in 2012. They decided to have a child by in vitro fertilization or IVF at a company called CHA Fertility based in Los Angeles.
CHA Fertility did not respond to a request for comment.
In early 2018, the company rallied Semen and eggs from YZ and AP, and then formed five euploid embryos, four of which were female.
The first attempt to transfer an embryo to AP did not result in pregnancy, they tried again and were "thrilled" when they learned that AP was pregnant with twins in September 2018, according to the lawsuit.
One sonogram, however, found that both twins The couple was "confused" because there was only one male euploid embryo that was not transmitted to them, the lawsuit states.
They called the co-owners of the fertility clinic to inquire about the problem and were told that the sonographic results were not accurate and that this was not a final test, the lawsuit states. One even said when his wife was pregnant, they were told that they would have a boy, but ultimately a girl, the lawsuit states.
But AP gave birth to twins in March – and neither baby was of Asian descent.
] "The plaintiffs were shocked when they saw that the babies they learned were made with both genetic materials did not appear to be formed," the lawsuit says.
DNA testing revealed that the babies were not related to the couple or they were referring to each other. In fact, every baby was genetically related to a couple who had also undergone treatment with CHA fertility, the lawsuit states.
For this reason, A.P. had to leave custody of the babies to their genetic parents.
The couple still does not know what happened to their two embryos allegedly belonging to A.P. should be transferred, it says in the lawsuit. The complaint, filed on July 1, states that the plaintiffs suffered bodily and mental harm and charged the defendants with medical malpractice, negligence and 14 other allegations.
CNN's Laura Ly and Sam Romano have contributed to this report.