New York County (NY) Supreme Court
A 37-year-old white woman was implanted with what she thought were her own fertilized embryos. Her husband, who contributed the sperm, was also white. She gave birth to 2 healthy baby boys: 1 white and 1 black.
Further investigation revealed that the plaintiff had inadvertently received an embryo from a black woman who was present at the clinic at the same time for fertilization with her own embryos.
The black infant was returned to his parents 5 months after delivery, but a custody suit ensued. The embryologist admitted he had inserted some embryos from the black woman into the catheter that was used to implant the white woman.
- A confidential settlement was reached.