A lawsuit has been filed in San Francisco County on behalf of Katherine Aschero (Katie) and Rob Aschero. The case involves the destruction of viable embryos without the Ascheros’ consent by a San Francisco fertility clinic. The embryo destruction is shocking in several respects and demonstrates the need for regulation of these clinics.

The complaint alleges that Laurel Fertility Care and its medical and clinical personnel harmed the Theresa Ericksonplaintiffs by fertilizing many of Katie’s harvested eggs with a stranger’s sperm, rather than that of her husband Rob. The Aschero’s were informed of this after the fact, but Laurel Fertility Care and its personnel destroyed the resulting viable embryos without the Aschero’s consent and in violation of the contract entered into by the parties.

Oddly enough the  the Ashero's attorney, Nancy Hersh, represented a woman whose eggs were fertilized with the wrong man's sperm in the same laboratory at the same location when another physician owned the practice. He lost his medical license after withholding the fact that he had fertilized her eggs with the wrong sperm, only to reveal the truth when the baby was two years old and after a Medical Board investigation. This resulted in a custody battle between the woman and the man whose sperm had been used.

LB Network surrogacy law expert Theresa Erickson comments on the case.