A fertility doctor in California is now facing a major lawsuit after several former patients accused him of taking their embryos and refusing to return them. The case has raised serious concerns among families who trusted the clinic with their fertility treatments and future plans.
At a press conference held on Tuesday, attorney Robert Marcereau spoke on behalf of 26 families who are involved in the lawsuit. According to the legal complaint, fertility specialist Dr. Brian Acacio allegedly moved patients’ embryos from his clinic without informing them and transported them to another location.
Doctor Accused of Moving Embryos Without Patient Consent
The lawsuit claims that Dr. Brian Acacio closed his fertility clinic in Laguna Niguel in December 2025 after failing to pay rent for about a year. Reports say the doctor owed approximately $243,000 in unpaid rent before he was eventually evicted from the office.
According to the complaint, before leaving the clinic, Acacio secretly collected the embryos belonging to his patients. The lawsuit states that he loaded them into a truck and drove nearly four hours north to Bakersfield, California.
Families involved in the case say they were not informed about the move and do not know the current location or condition of their embryos.
License Suspension and Drug Allegations
The lawsuit also claims that Acacio’s medical license had been suspended due to allegations that he was using drugs. The suspension officially took effect on December 30, 2025.
However, the legal complaint says the doctor continued seeing patients even after the suspension. One patient, Marina Reyes, told local media that Acacio performed an invasive ultrasound procedure on her on January 2, shortly after the suspension became active.
Another patient, Christina Chandler, shared at the press conference that during a fluid ultrasound procedure, she noticed that the doctor had an IV in his arm.
Earlier Restrictions on Medical License
Before the full suspension, Acacio’s license had already been placed under restrictions. On October 8, 2025, an interim order was issued limiting his ability to practice medicine.
Following those restrictions, many patients reportedly experienced serious issues at the clinic. The lawsuit states that patients faced several problems, including:
- Delays in IVF treatments
- Medication mistakes
- Scheduling errors
- Sudden clinic disruptions
- Billing disputes
- Difficulties related to embryo storage, transfer, and release
These issues reportedly continued until the clinic closed in December.
Families Demand Return of Their Embryos
The main goal of the lawsuit is to recover the embryos that were under Acacio’s control. Attorney Robert Marcereau said the families are extremely worried because they still do not know exactly where the embryos are being stored.
He told reporters that the embryos could be located somewhere in Bakersfield but their exact storage facility is unknown.
Marcereau also claimed that Acacio is refusing to release the embryos unless patients sign documents that would remove him from any legal responsibility related to his actions.
Patients Compare Situation to a Hostage Crisis
Several patients expressed deep emotional distress during the press conference. One of the patients, Berenice Cervantes, described the situation as similar to a hostage crisis.
She told reporters that the families feel as if their embryos have been taken away from them and they have no information about their safety or location.
The families involved in the lawsuit are now asking the court to issue an order that would force the immediate return of the embryos.
Doctor Declines to Comment
When contacted for a response, Dr. Brian Acacio declined to comment on the allegations. He said he could not speak about the case because the matter is currently under legal review.
As the lawsuit moves forward, the families hope the legal system will help them recover their embryos and provide answers about what happened to them.
