Couples sue California fertility doctor for taking their embryos 'hostage'

Twenty-six people are suing a Southern California fertility doctor, alleging that he is holding their frozen embryos hostage.

Key Takeaways:

• Twenty-six patients of Dr. Brian Acacio have sued him, saying he took their embryos and left town without telling them.

• Acacio is accused of holding the embryos hostage because he won't return them unless the parents promise not to hold him accountable.

• Acacio lost his license after failing a drug test, and he shut down his clinic after falling behind on rent to the tune of $240,000.

• He had previously been the guest of a California legislator at President Biden's 2024 State of the Union.

The Details:

The civil suit against Dr. Brian Acacio claims that Acacio took his patients' embryos without permission and failed to tell the parents that his license had been suspended by the California Medical Board. The parents only learned of the situation after attempting to schedule an appointment to transfer the embryos to the mother's uterus, or they heard about it through other patients and social media posts.

Acacio, who attended President Biden's 2024 State of the Union as a guest of Democratic California Rep. Mike Levin, ran an IVF clinic in Orange County but suddenly shut it down after his medical license was suspended for drug use, according to KTLA.

He had previously admitted to using cocaine in 2024. But it was in October 2025 that his medical license was placed under restrictions with the order that he stop using controlled substances and that he submit to biological testing. He violated those conditions, tested positive for marijuana, and on December 30, he was ordered to stop treating patients unless he showed a period of negative drug tests.

After his license was revoked, he continued to see patients, but fell behind on rent by $240,000, and ultimately, he packed up the frozen embryos and drove them three hours north to Bakersfield without informing the parents of the embryos.

“When patients began to find out about what had happened, they demanded the immediate return of their embryos,” Robert Marcereau, an attorney for the firm representing the couples, said during a press conference Tuesday.

"Dr. Acacio refused, stating he would not give back the embryos unless patients signed a document absolving him of any responsibility for his conduct."

Attorney Benjamin Ikuta added, "Our first and most important goal is the lawful, expeditious but safe transfer of these embryos back to where they belong. He's stolen these people's embryos. He's held their families essentially hostage, and we want answers."

He noted, "These embryos are not inventory. They are not replaceable property. For many of these families, these embryos represent their last and only opportunity to have a biological child. To move them without consent — while concealing license discipline and financial collapse — is an extraordinary breach of trust."

Christina Chandler, a woman whose embryos were taken, explained, "We've been through so much. We just need them to be accountable. We want our embryos."

Another parent of embryos taken by Acacio said, “I don’t know where our embryos are, I don’t know if they’re OK. It’s like a hostage situation. I feel like they were kidnapped."

The Big Picture:

In another case out of Orange County, couples are suing Ovation Fertility for knowingly implanting dead embryos into the uteruses of multiple women.

Attorney Rob Marcereau, representing the couples suing Acacio, is also representing some of Ovation's victims. Originally, nine couples filed suit; now there are 23 couples in total.

The Bottom Line:

It's well known that the billion-dollar fertility industry is extremely underregulated, and this case serves as another example. Levin promoted Acacio as "frequently named one of the top reproductive endocrinologists in California and in the nation," yet he is accused of taking embryos and leaving town without notifying the parents after he failed drug tests and didn't pay his rent.

“As we defend reproductive freedom from attacks by extremist MAGA Republicans, I am proud to stand with Dr. Acacio and President Biden to ensure families have access to the reproductive tools and health care they need,” Levin said at the time.

This case is just the latest in a series of failures from the fertility industry that includes embryo swaps, destroyed embryos, and doctors using their own sperm to impregnate women.