Many People Sue OC Fertility Doctor for Allegedly Moving Embryos Without Consent
Couples Sue Fertility Doctor Over Unauthorized Embryo Transfers
SANTA ANA, Calif. – Twenty-six individuals have filed a lawsuit against Dr. Brian David Acacio and the Acacio Fertility Center, claiming the specialist relocated hundreds of cryopreserved embryos to Bakersfield without patient consent.
The lawsuit alleges that as eviction proceedings were unfolding at Acacio’s Laguna Niguel clinic, the embryos were secretly moved, with the transfers reportedly occurring around December 17, 2025. Patients assert that they were not given prior notice or asked for written consent regarding this operation.
The complaint further contends that after discovering the embryo relocations, the clinic insisted that patients sign notarized liability waivers releasing the clinic from any claims related to the transportation and storage of the embryos.
Attorney Benjamin T. Ikuta commented on the situation: "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."
Similarly, attorney Marcereau emphasized the ethical obligations of medical practitioners: "You cannot hold a family’s embryos hostage and demand they waive their legal rights just to retrieve what is already theirs. The law requires transparency, informed consent, and adherence to basic medical standards. The allegations in this complaint describe the opposite."
Dr. Acacio is currently under investigation by the Medical Board, which began in 2024 following allegations of cocaine use. Court documents reveal that he admitted to substance use and declined to undergo a urine test. Findings later indicated that Acacio had a mental condition impacting his professional capabilities.
An interim order restricting Acacio’s medical license was issued in October 2025, and by December 30, 2025, a cease-practice order was placed against him. Despite these restrictions, the lawsuit claims he continued to treat patients into early January 2026, misleading them about his legal status by citing a "family emergency" and failing to disclose his suspension.
The clinic faces eviction over more than $243,000 in unpaid rent, raising concerns about the financial transparency during patients’ ongoing treatments. Many patients were allegedly unaware of the clinic’s financial difficulties, the physician’s license restrictions, or the impending cease-practice order. Some patients had undergone embryo transfers during this period, unaware of the circumstances.
The lawsuit seeks not only the return of all embryos to facilities designated by the patients but also reimbursement of transfer costs, complete chain-of-custody documentation, and independent inspections of the facilities. The plaintiffs are also pursuing damages for emotional distress, reproductive harm, and financial losses related to the incident.
