Embryo lawsuit filed in Nevada, after genetic test reveals father not related

A father and daughter have commenced legal action against a fertility clinic they claim transferred the wrong embryo when the mother was undergoing IVF there.

A father (EP) and his 18-year-old daughter (KP) have filed a lawsuit in Las Vegas, Nevada after a test revealed no genetic connection between father and daughter. The father, and his late wife, had planned on using a donor egg with the husband's sperm, but tests suggest the daughter is not the genetic offspring of either parent.

In their legal action against the clinic, according to Law&Crime, the pair said, 'EP was deprived of the opportunity to create life from his heritage as was promised and planned by Defendants'. The lawsuit also sets out that 'KP is not the biological daughter of EP as was intended, and KP is not the biological daughter of EP or the egg donor.'

In 2004, the couple discovered that EP's wife was unable to conceive and sought the help of a fertility clinic in Las Vegas. They decided to initiate IVF using EP's sperm and an egg from a selected donor, and their daughter, KP, was born in 2006. Sadly, the wife passed away in 2022 from 'various autoimmune and heart issues', which prompted KP to seek more information about her family’s medical history through genetic testing.

KP submitted her DNA to Ancestry, a website which enables individuals to discover more about their family's genetic history. Before KP sent her sample, EP told his daughter that she was conceived using a donor egg, so she was aware the test would show no biological connection to her mother. However, both were shocked when the test revealed KP was not genetically related to either of her parents. EP and KP have suffered extreme and severe emotional distress following this discovery, according to their lawsuit against the clinic.

The lawsuit names Nevada Fertility CARES clinic, Dr Rachel McConnell and embryologist Dee Harris as defendants. According to KLAS, a Las Vegas affiliate of CBS, Dr McConnell settled a $30,000 lawsuit for 'negligence in freezing and storing embryos' in 2006, around the same time of the mix-up. The CARES clinic closed years ago.

Attorney for the plaintiffs, Robert Murdock, told Law&Crime that IVF 'is a wonderful help to aid couples with infertility.' He added, 'But, meticulous protocols must be followed or mistakes will happen… And these type of mistakes are simply unthinkable and unacceptable.'

EP has instigated adoption proceedings so that KP will become his legal daughter. According to the lawsuit, this 'will cost a significant sum of money'. In addition, it has come to light that KP was conceived using sperm from a man who lives in Las Vegas, who received treatment at the same clinic. The question as to whether EP genetically fathered any children against his will is yet to be made clear.

The lawsuit alleges that similar mix-ups 'may very well have happened to the hundreds of persons treated by Defendants from 2002 through 2012'.