A Florida doctor entangled in an embryo mixup lawsuit is being sued by another patient claiming he used a “severely mentally ill” woman as a surrogate.
Dr. Milton McNichol, along with Fertility Center of Orlando, IVF Life, IVF Orlando, are named in the new lawsuit filed in March in Seminole County. It alleges a woman in her early 20s was used as surrogate for her cousin and her cousin’s partner, despite the woman’s long-documented history of severe psychiatric illnesses, including Baker Act admissions and experiencing psychiatric instability at the time of the IVF procedure.
The unnamed woman’s attorney, Andrew Rader, said his client was in no condition to be a surrogate and could not meaningfully consent to it.
“This case reflects a profound failure to protect a woman who should never have been approved for surrogacy,” Rader told USA Today Network. “Our complaint details how family members manipulated and coerced a young woman with serious psychiatric illness into a surrogate arrangement she was in no condition to understand, while the fertility clinic and treating physician failed to carry out the most basic psychological screening and safeguards that could have protected her.”
What happened to baby surrogate carried?
The embryo transferred into the surrogate had a fatal genetic disorder, thanatophoric dysplasia, according to the lawsuit.
There were serious complications during the pregnancy, which Rader said resulted in profound trauma to his client. The baby died about 10 days after birth, causing the surrogate “devastating emotional harm.”
“She believed that the baby was biologically hers, and was further distraught when the baby’s remains were immediately taken out of the country,” Rader said. “The surrogate who is not mentally, emotionally or psychologically well is still seeking her son who passed away. She is fixated on finding her son.”
What are the regulations, guidelines when using a surrogate for IVF?
While there are no regulations set for using a surrogate, there are guidelines set forth by various reproduction and in vitro fertilization groups.
Proper psychological screenings are one of the guidelines. The lawsuit alleges the intended parents knew the surrogate was psychologically unfit and exploited both her impaired judgment and financial distress.
The intended parents do not have attorneys representing them yet, and attempts to reach them were unsuccessful.
Calls were left with attorneys who have represented McNichol, Fertility Center of Orlando, IVF Life, IVF Orlando in previous cases.
Rader said it has not been determined what monetary amount his client is seeking.
“We want to increase awareness on the lack of regulation in this industry,” he said. “If these cases push toward better regulation, more transparency, more mandatory guidelines, it would really be great.”
