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Thursday, 23 April 2020 13:48

US IVF Clinic Transfers Wrong Embryo

With regulations, cameras and protocols for double monitoring, we hope this can't happen in Ukrainian Surrogacy.
This article uncovers the devastating effects of the wrong embryo transferred into the wrong couple by a US ivf clinic.
The California couple whose embryo was wrongly implanted in a Queens woman by a bungling Los Angeles fertility clinic finally got to meet their newborn son on Mother’s Day weekend.
But weeks of legal wrangling and an agonizing secret courtroom hearing left Anni Manukyan and her husband Ashot unsure of whether they would ever see their baby.

“We were so anxious to get him,” she told The Post. “I would cut off my right leg to have him in my arms.”

Anni, 36, had already suffered a failed round of IVF when she got a call from CHA Fertility in April, asking her to come in for a cheek swab. The facility downplayed the request as “quality control” but Ashot Manukyan wasn’t buying it.

“My husband said, ‘There’s something wrong,’” Anni recalled.

Days later, CHA broke the news: They had a son. The clinic had implanted two embryos from different families, including one belonging to the Manukyans, in an Asian woman from Flushing who gave birth to “twin” boys March 31.

“I was about to faint,” Anni said.

After dropping the bombshell, the clinic refused to share details about the infant, citing privacy laws. Lawyers for the Queens birth parents also stonewalled.

When the Manukyans frantically sent a letter warning that the baby might have reflux, as their older daughter did, the lawyers sent the couple a brusque reply: “Tell your client not to tell my client how to take care of their children.”

“I burst into tears,” Anni said.

Frustrated, she called Manhattan attorney Eric Wrubel, a veteran family law expert who had adopted his own kids with his husband.

The stunning embryo swap left the lawyer gobsmacked.

“It’s just so unheard of,” he said.

Wrubel rushed to Manhattan Supreme Court, applying under seal to put the case before a judge immediately — keeping it out of the public eye.

Anni and Ashot left their 7-year-old daughter in the care of her grandparents, and flew to New York, where on May 6 new DNA tests were done.

Then they waited.

“Imagine being in the best city in the world and being depressed and crying the whole time,” Anni said.

They walked the streets of Manhattan to pass the time. At one point, they spotted an Asian couple with newborns strapped to their chests.

“We just hugged each other and started crying,” Anni said.

DNA results confirmed the New York-born babe genetically belonged to the Manukyans.

Yet the Queens birth mother battled on, begging in a heart-wrenching letter to keep both babies:

“I kiss his little feet every day. I give him a bath. I breast fed him,” she wrote. “We’re their true parents and we’re the ones who want to be with him. We love them, they’re ours and they’re twins, they shouldn’t be separated.

“They snuggle with each other, they sleep with each other every night. How could you separate them?”

The missive devastated Anni.

“I was a wreck,” she said.

Wrubel was already prepping for the day the Manukyans would get their baby. He hired a psychiatrist to plot out the best transition for the newborn.

The shrink instructed Anni and Ashot to hand over the pillowcases they slept on, so their son could get used to their smell, and recordings of Anni reading, so he could hear her voice.

“My voice was shuddering while I was doing it,” she said. “It was just heart shattering. Me and my husband, we wondered what if the pillows we slept on, what if the scent wasn’t enough? We were hugging the pillowcases just to make sure.”

The two couples came face to face on May 10, and the judge cleared the courtroom.

“They came in and they were crying, and I saw them crying and I started bawling. My husband was trying to hold me,” Anni recalled. “Even the security guard was crying.”

About an hour of legal arguments followed, said Wrubel, who noted, “There was no question of facts. Everyone knew what had happened.”

Wrubel based his case on the idea that genetically, the baby born of Anni and Ashot’s embryo was always intended to be theirs.

After a short break, the judge gave her decision from the bench.

“It was the most emotional and devastating proceeding I have been involved in, in 25 years of practice,” Wrubel said. “You could hear a pin drop.”

“I’m shivering at this point,” Anni said. “I’m just looking at Eric and shaking. I don’t know what the judge is going to say.”

The judge “started off … by saying she was so sorry that this happened, and so sorry the couples had to be here,” Wrubel said.

“‘But in the end,’” Anni recalled the judge saying, “‘DNA is DNA and genetics play a big role in everything, so the baby belongs with Anni and Ashot.’”

What followed “was an outbreak of sobbing by both couples,” Wrubel said. “Neither couple could speak.”

The judge ordered a short transition that would include two six-hour visits for the Manukyans and their newborn over the weekend, before a final handoff on Monday.

After a burst of hugs between the Manukyans and their lawyers, the couple quickly grabbed drinks in the city to celebrate, then took a whirlwind excursion to BuyBuyBaby in Union Square, where they plunked down $600 on clothes and necessities. Anni spent the night washing baby outfits in their hotel room, laying them out to dry.

They arranged for their daughter to come to New York.

“I didn’t know how the heck to tell her,” Anni said. The girl had wanted a sibling, but after spending $120,000 and years trying, her parents hadn’t been able to give her one.

“We’re a Christian family, we pray every night and every single night she’d say, ‘God, Please give me a brother or sister,’” Anni said.

The girl’s nightly plea through years of infertility was “like a punch in my heart.”

When the girl found out a baby brother was coming, she cried out, “Mommy, God finally answered my prayers!”

For the first visit Saturday, Wrubel hired a babysitting service and a town car to ferry the baby from the Queens couple’s home to their hotel.

“I had a big ass blanket, it was raining in New York and I don’t want my baby to get sick,” Anni recalled.

When the car pulled up, “I was running, my husband had the umbrella over my head we just ran and grabbed him.”

Covering the car seat with the blanket, they raced back inside and put it on the floor of the hotel lobby.

“I opened the blanket that was on top of him and I didn’t know what to feel, my emotions were all — I was crying. He was so tiny, he was so delicate. I just held him for six hours.”

They named him Alec.

Anni credits Wrubel with Alec’s safe return.

“If I did not have Eric, I do not think I would have my baby right now,” she said.

On Monday, while Wrubel wrapped up the legal details and helped get the baby a name change, new Social Security number and birth certificate, he had the couple rent a conference room in the hotel, where they finally met with the woman who ushered their baby into the world.

The Queens couple, who filed their own lawsuit against the CHA fertility clinic last week, have been identified only as A.P. and her husband, Y.Z.

Meeting the birth mom was crucial for Anni.

“I need[ed] to thank her personally, because she deserves that. She carried my child for nine months, she fed him, she took care of him, she changed his diapers. It could have ended up differently.”

Tears flowed when Anni, Ashot, A.P. and Y.Z. met.

“We were hysterically crying, all four of us,” Anni recalled. “They were saying, ‘We’re sorry, we’re so sorry. We should have let you guys come and take him before, it’s just that we love them. We wanted to take care of them as they were our own. We love them.’

“There was no tension in the room whatsoever. It felt like we were friends. … It was just love, because we all have love of the same child.”

A.P. came bearing gifts, given to Alec when he and his “brother” were born.

A.P. was supposed to have been implanted at CHA with two of her and Y.Z.’s own female embryos, so the couple thought they were having girls. The gifts included gold bracelets, one celebrating the Year of the Pig and another with a crown; and a ring emblazoned with tiny baby shoes.

She had saved Alec’s umbilical cord, a tradition in A.P.’s Asian culture, and wanted to ensure it went with him, along with a tiny pink pillow from her mother, Anni said.

“‘I would like you to give this to him, to know it’s from me,’” A.P. told Anni.

“I think I’ll keep that pink pillow forever.”

A week after giving Anni and Ashot their baby, A.P. and Y.Z. relinquished Alec’s “twin” to his biological family. That family does not want publicity, Wrubel said.

The Manukyans, who are also suing CHA, flew home first class with Alec on May 13.

“I’m enjoying every second of him,” Anni beamed Thursday. “He’s so cute. He’s already cooing. We’re in love with him.”

Anni now knows CHA also used at least one wrong embryo for the failed IVF procedure she endured before learning of Alec’s existence.

She wants new laws regulating the IVF industry.

“I really want them to shut down that fertility clinic. … God knows how many times [this has] happened?”

Drained by the experience, Anni has a saving grace: Alec.

“I look at his face and everything goes away.” 

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We have been very satisfied, I have been comfortable at the clinic and with my doctor. I was heard. I could ask any questions. I like you have hu-mor, despite the circumstances. Great clinic. Your service has been very good. You have been a huge support and very spacious. You have been available 24 hours a day. You have the answer to all the questions we have been asked. You have accommodated our nervousness, you have rejoiced with us, you have been there throughout. I could not have wished ...
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A and S
The communication with surrogate is easy and better than what we expected. The updates are provided as scheduled with occasional surprises
The support was great. It was easy on us that the coordination was done by the delivering dreams team while being completely transparent with us on the progress. The communication with the delivering dreams team was always fast, responsive, and easy.
E and K
Thank you kate. You have been great today and all the other days ❤ you are a great team. We are very satisfied and happy for your help.
We were confident before in our choice, but this experience has confirmed beyond any doubt that we choose the best agency.
I loved working with Susan and her team and highly recommend them to anyone considering her services. She's is great at every aspect of a process and knows how to handle delicate matters.
Diana Lyakhovetska
Susan truly understands the needs of parents using surrogacy, and offers comprehensive emotional support to parents as they experience the journey!
Christine Hughes Pontier
The team at Delivering Dreams is amazing! Their attention to detail and ability to put your mind at ease while growing your family is like none other. They handled everything for us, and I never once doubted they would help us accomplish our dreams.
Margaret Jones
I’ve known Susan for several years now, and I’ve always been impressed by her attention to her clients’ needs. I’ve known her to work ardently and diligently to solve whatever challenges, no matter how unique, that prevent her clients from completing their families. She is a problem-solver, and she earnestly believes in providing the best options and in making surrogacy opportunities realities: this is not merely a business for Susan. She will help customize the process for your needs and to ...
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Mary Woods
Susan has a keen sense of business and goes to the max to solve her clients’ problems. She is super knowledgeable on business, laws and how things work in surrogacy in general, and specifically on Ukrainian surrogacy. She is an advocate for transparency in a market that’s often opaque and full of hidden risks. I really enjoyed working with Susan. She really pays attention to detail and was always looking out for my best interest above all. Highly recommend!
Laurie Tham
Delivering Dreams goes above and beyond what other surrogacy agencies offer. After speaking with Susan, I see how they anticipate every part of the process, down to details that I had never even considered. I didn’t know what I didn’t know! Surrogacy can be really complicated and confusing. What an amazing sense of relief to have a company so dedicated to managing the WHOLE process and taking away as much of the stress as possible.
Kate Varness
I have gotten to know Susan through a group where we are members. I have found her to be a genuine and caring person. Her consideration for others and love of her work with Ukrainian surrogates and parents-to-be are evident in all her decision making. She is passionate about being a force for the greater good and helping where she can. I have been amazed at the way she is able to smoothly navigate the complicated maze of requirements in the surrogacy process. I am happy to give her my highest...
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Rose Anne Barbour Huck
Susan Kibler is kind.  She clearly loves those she works with and loves what she does.  Susan listens deeply and compassionately and can make you laugh all in the space of one conversation.  She is wonderful!  If you are feeling worried, she'll hear you.  If you have questions, she will find answers for you. If you need help, she does her very best to support you.  I feel so fortunate to have found her and imagine you will too.
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Susan has the ability to really connect on a personal level quickly.  I have found her easy to talk to and have been so grateful for her guidance.  She is one of those people who offers so much to her clients.  She sees the big picture and has a heart for the most intimate concerns.  She is highly skilled and able to manage what can certainly be challenging and uncomfortable experiences, making them feel easier.  She will take charge at the perfect times and guide you when you really need her...
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Susan Seare
The international surrogacy world is complicated. Susan Kibler knows its ins-and-outs. She knows the people and outfits you can trust and the ones to avoid. She insists on the best for her clients and handles the details so they don't have to worry about them. If you want to take the international surrogacy journey, you can trust Delivering Dreams International Surrogacy Agency to guide you on that path.
Nancy Linnerooth
My friend and I had a positive experience working with Susan. Susan is always super responsive and caring. She is very professional, helpful and reliable. My friend has soo much troubles trying having a baby for many years. My friend and her husband were about to give up their dream of having a baby. Susan Kersch Kibler found the way to help. She has unlimited energy, attentive to detail and super efficient. Great to work with!
Polina Clend
Susan is passionate about helping people become families. She is a trustworthy confidant to have on your side.
Kristen Ancker
Our experience with Delivering Dreams has been overwhelmingly positive. The team seems to be genuinely dedicated to helping us to realize our dream of having a child. The constant communication leading up to the trip and the numerous touch points made us feel comforted in what has been a very challenging and uncomfortable situation. We always had streamlined communication through the group chat and was frequently checked on during our stay.

Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.


Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.