'Unimaginable Mishap:' Parents Sue CHA Fertility Center Alleging Babies Born Were Not Theirs

LOS ANGELES (CBSLA) — An unidentified New York couple is suing a Los Angeles fertility clinic after they claim the woman gave birth to a pair of babies that were not biologically theirs.

The lawsuit claims the Asian American parents were shocked to find that neither baby was of Asian descent, claiming that genetic testing later confirmed the babies actually belonged to two other couples who also used the CHA Fertility Center.

"To me it sounds like a case of medical malpractice and really, really sloppy procedures," Marcy Darnovsky, the executive director of the Berkeley-based Center for Genetics and Society.

The center is a non-profit social justice organization which supports reproductive rights, and the organization said this clinic has been on their radar for years. But, more than that, the organization said better policy regulation and oversight is needed right now within the fertility industry.

"This is a practice that's growing up in the private sector, and there's very little oversight of it," Darnovsky said, "either by the state or by the federal government."

The lawsuit, which names the CHA co-owners as Dr. Joshua Berger and Dr. Simon Hong, claims the couple still doesn't know what happened to the two embryos that should have been implanted. The suit claims both Berger and Hong are responsible for the "unimaginable mishap."

The babies were given to their biological parents.

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