As anyone who has gone through in vitro fertilization (IVF) knows, the process can push you to your emotional and physical limits. Even if you are lucky enough to end up with a success story, you rarely walk away from IVF without a heavy heart about everything you’ve endured. With hormone injections, constant blood test monitoring, an egg retrieval procedure, and embryo transfer—plus the torturous waiting—it's an arduous process.

Now suppose there was a mix-up somewhere along the already challenging journey. Such was the case for a woman who recently gave birth to a child that was not biologically hers after a Southeast-based clinic implanted the wrong embryo in her. The devastation she experienced was only compounded when a lawyer advised her to give the baby to his biological parents since she would likely lose the custody battle.

Stories like these may make hopeful parents fearful of fertility treatment. Here's what experts share about how common these errors are and ways to safe safe.

The good news is that despite stories about IVF mistakes making headlines from time to time, these situations are rare, says Andrew Rader, Esq., a Florida-based lawyer with a focus on medical malpractice and founder of Rader Law Group.

Though concrete numbers are hard to find, a report found 205 legal cases worldwide, as of 2023, that dealt with "specimen mix-up, damage, mishandling, loss, and possible contamination." Most of those cases were in the United States.

“When they happen, they don’t just disrupt a medical process; they upend lives,” Rader acknowledges, adding, “The heartbreak of realizing that your long-awaited embryo was lost, misidentified, or implanted in someone else is unimaginable.”

Janene Oleaga, Esq., a family formation attorney who founded Oleaga Law LLC Fertility Law, with offices in Maine and New York, seconds the notion that IVF errors are not common, but adds, “the infrequency of their occurrence does not negate their seriousness."

Even if they are rare, one has to wonder, given the incredible advancements in reproductive science, how IVF mistakes even happen.

These “profound personal tragedies,” as Rader calls them, take place due to human error. “IVF is a delicate, multi-step process that requires absolute precision," he says. "Yet, even in the most advanced clinics, human error remains a factor."

Most clinics do follow strict protocols to prevent mistakes. “But no system is completely foolproof,” says Jason Reese, co-founder, partner, and personal injury attorney at Wagner Reese in Indiana. “Even with rigorous protocols, lapses in communication or oversight can lead to tragic outcomes.”

Errors are unlikely to happen at a respected and well-known clinic, and experts say the onus is on prospective parents to research and ask questions to best protect themselves.

“No one should have to second-guess their fertility journey, but unfortunately, due diligence is necessary,” Rader says. 

The first step in safeguarding against an IVF error is to choose a clinic that not only boasts a high success rate, but can also offer transparency, oversight, and safety, according to Rader.

Oleaga agrees, adding, “The best way to protect yourself against an embryo mix-up or loss is to ensure you are seeking fertility care from a reputable clinic with processes in place to properly check and cross-check the storage and management of cryopreserved genetic material."

She further urges prospective parents to use a clinic that employs the latest technology in embryo tracking and storage.

What can help ensure that?

“Make sure your doctor is board-certified in Reproductive Endocrinology and Infertility (REI), and that the clinic is accredited by the College of American Pathologists (CAP) or the Society for Assisted Reproductive Technology (SART),” Rader advises. 

Questions to ask about safety protocols at your prospective clinic include:

If you suspect an error has occurred during your treatment, Elizabeth King, a certified fertility expert who helps people on their fertility journeys, says, “Call your clinic to meet with the director and the embryologist.” 

Oleaga urges, “Immediately seek genetic testing for answers.” And Reese adds, “It’s also important to document every communication with the clinic for potential legal action.”

King counsels prospective parents to seek emotional support during this time as well. “Going through something like a mix-up with your clinic is extremely difficult and you want to be sure you get the emotional support you need to take care of yourself and process all the complexities of the situation,” she says.

Meanwhile, Rader says it’s crucial to report any mistakes. That's important as NBC News reported in 2019 that "there is no single government agency empowered to crack down on mistakes or malfunctions by fertility centers."

Rader continues, “Many clinics operate with minimal external oversight, and bringing errors to light—whether through SART, the state medical board, or legal action—can help prevent future tragedies."

States implement regulations, such as medical licensing requirements and discipline for physician misconduct. The Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) oversee fertility clinics to some extent. And SART and the American Society for Reproductive Medicine (ASRM) have put ethical guidelines in place to accredit IVF clinics. But more needs to be done.

“Right now, fertility treatment in the U.S. exists in a gray area of regulation—stronger safety protocols, clearer legal protections, and greater accountability are needed,” says Rader.