A couple now living in London in the United Kingdom is suing a defunct fertility clinic in Connecticut, United States, after they were allegedly given the wrong embryos, Daily Mail reports.
The couple first suspected the switch as their child has of a different race to that of the rest of their family.
The suit filed by the unnamed couple claims CT Fertility PC and Dr Melvin Thornton II were negligent in their actions and as a result "devastated" their family.
The couple claim they're "plagued with fear" that their embryos may be used for another family. They also say they "live in constant, nagging, debilitating fear that the person whose genetic material was used will realise, as they did, that the defendants negligently mixed up their genetic material".
The suit revealed the couple used the clinic twice to get pregnant. First in 2015 and then again in 2016. They'd used the husband's sperm and embryos from a known donor for the insemination.
The couple had a son both times, but when they performed a DNA test on the boys last year they discovered the brothers weren't related.
In the suit the couple claim there are obvious physical differences between their children.
"Their second child appeared to have a much darker skin pigmentation then either the father, the genetic mother or their first child which was extremely unexpected and perplexing as the children were supposed to have the same genetic makeup."
Attorneys for CT Fertility and Dr Thornton have tried to get the lawsuit thrown out on procedural grounds with Thornton arguing an expert cited by the couple "was the wrong kind of doctor and had failed to show negligence".
The couple have requested the case be sealed to protect their child.
Meanwhile a judge has yet to rule on the matter.
Sources: THE DAILY BEAST, DAILY MAIL, CONNECTICUT POST
