Who Gets Parental Rights: The Woman Who Gave Birth or the Biological Parents of the Child

What are the custody rights of a mother who gives birth to the wrong child? In Georgia, the answer may be no rights whatsoever.  

Krystena Murray has filed suit against the fertility clinic that allegedly implanted the wrong embryo in her. Murray ended up giving birth to a child who was not biologically hers. Murray loved the baby as her own, even after a DNA test showed the baby was not her biological child.  

In February 2024, Murray’s attorney informed Coastal Fertility Specialists of the error. The clinic then identified and contacted the baby’s biological parents. The biological parents confirmed through a DNA test of their own that the child was theirs, and then sued for custody. Murray voluntarily handed over the baby to his biological parents in court. 

Murray contends “I grew him, I raised him, I loved him. I saw him no different than if he were mine, my own genetic embryo.” 

It is unknown whether the clinic had implanted Murray’s own embryo with another couple or if the embryo is still in storage at the clinic.  

Coastal Fertility Specialists put out a statement that it “deeply regrets the distress caused by an unprecedented error that resulted in an embryo transfer mix-up.” The clinic claims this was an isolated incident with no other patients impacted.  

The Law Should Not Treat Children as Property  

Parental rights should always take a backseat to the best interests of children. Parental rights make several fundamental flawed assumptions. First, that parents will always have a child’s best interests at heart. The truth is there are many selfish parents who only see their children as an extension of themselves. Second, blood parents are the best parents. However, many biological parents will give up or even abuse their own children and there are many stepparents or adoptive parents who can raise a child as well as a biological parent.   

A young child who bonds with a person as a parent will only see that person as their parent. Blood means very little to a young child when the parent has been feeding, bathing, and caring for the child. In fact, it may be traumatic for a young child to suddenly be separated from the person they identify as their parent and instead be given to a complete “stranger,” even if the stranger is a biological parent.  

Children are not a commodity that a court can award just because they share a certain percentage of DNA. Children, especially infants, need a solid emotional foundation to thrive. Separating a child from a person, who up until a court hearing, had been that child’s parent could severally damage a child’s emotional well-being. Murray will forever be tied to the life of that baby. As Murray stated, she grew him and gave birth to him. Murray was not simply a baby incubator and should not be treated as an interloper. She should be considered a family member and the law has made a mistake by all but forcing her to give up custody.   

Do I Need a Lawyer for My Family Law Issue? 

If you are having difficulty getting your divorce finalized, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.