Woman files lawsuit against clinic after delivering baby not biologically hers

A Florida couple is taking legal action against a fertility clinic following a shocking incident where the wife gave birth to a child not biologically related to them.

The lawsuit, filed on January 9 in Palm Beach, claims that during treatment at the Fertility Center of Orlando, the woman was mistakenly implanted with the wrong embryo.

Identified as John and Jane Doe, the couple began their IVF journey with the clinic in March 2025, with hopes of starting a family.

The IVF procedure initially seemed successful, and in December 2025, Jane Doe delivered a healthy baby girl, referred to as Baby Doe in the lawsuit. However, the couple became concerned when they noticed that Baby Doe appeared to be of a different racial background, as both parents are Caucasian.

The lawsuit elaborates: “Of equal concern to the Plaintiffs is the obvious possibility that someone else was implanted with one or more of their embryos and is pregnant with or has been pregnant with and is presently parenting one or more of their children.”

Despite this revelation, the lawsuit highlights the deep emotional bond the parents have formed with Baby Doe due to Jane carrying the child for nine months.

“Despite the certain knowledge that Baby Doe is not their genetically matched child, the emotional bond grows stronger every minute of every day that Baby Doe remains in their care,” the document states.

The couple intends to continue caring for Baby Doe but believes the child should ultimately be with her biological parents if they are capable and desire to take custody.

The lawsuit mentions that a letter was dispatched to the clinic, urging them to assist in reuniting Baby Doe with her genetic parents and clarifying the fate of John and Jane Doe’s embryos.

The letter was reportedly sent through multiple channels, including mail, email, and fax, as well as attempted phone calls, but these efforts were unsuccessful.

In their lawsuit, the couple demands several actions from the clinic.

Firstly, John and Jane Doe request that the clinic notify all patients with embryos stored at the time of Jane’s implantation about the incident.

Secondly, they demand the clinic provide free genetic testing for any patient who has used its services in the past five years and had embryos stored there.

Lastly, they insist that any issues related to parentage during implantations in that five-year timeframe be disclosed.

The couple hopes this will help identify Baby Doe’s genetic parents and determine the whereabouts of their own embryos, as well as assess if similar incidents have occurred previously.

The couple’s attorney told News6: “The heartbreaking and unexplained invitro fertilization errors described in our recently filed lawsuit remain unresolved.

“While our clients continue to fall more deeply in love with a beautiful little girl who is someone else’s child, they are also living with the unbearable knowledge that there may be one or more of their own children unknowingly in the care of strangers.”

The attorney described the situation as ‘unimaginable’ and ‘inexcusable’, criticizing the clinic’s lack of cooperation in resolving the issue.

They added: “It is a mystery why they are refusing to voluntarily cooperate in trying to undo the mess they have created, but that refusal has required us to seek emergency court intervention and may soon require a broad public appeal for help.”

The Fertility Center of Orlando issued a statement to WESH: “We are actively cooperating with an investigation to support one of our patients in determining the source of an error that resulted in the birth of a child who is not genetically related to them.

“Multiple entities are involved in this process, and all parties are working diligently to help identify when and where the error may have occurred.

“Our priority remains transparency and the well-being of the patient and child involved. We will continue to assist in any way that we can regardless of the outcome of the investigation.”

UNILAD has contacted Fertility Center of Orlando for comment.