Case type IVF & Fertility Treatment Injuries

Embryos Discarded After Genetic Testing

Your embryos were discarded, or you were urged to let them go, because of a genetic test result you now question. Tell us your story.

CBW Law reviews situations where embryos were discarded after preimplantation genetic testing and something about the result, the explanation or the authorization appears to have gone wrong. We review the reports, consent forms and messages and tell you plainly what we find. Tell Us Your Story. Contacting us does not create an attorney-client relationship.

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Discarded embryo claim review Tell Us Your Story Contacting us does not create an attorney-client relationship. Or call us any time (800) 476-2416

Genetic testing often decides an embryo's fate. A report labels some embryos normal and others abnormal, mosaic or untested, and the clinic then talks with you about which to transfer, keep or discard. Most of those decisions are made carefully and with proper consent. Sometimes, though, an embryo is discarded because of a result that was wrong, a report that belonged to a different embryo, an explanation that left out real uncertainty, or a step no one actually authorized.

How genetic test results shape embryo disposition

Preimplantation genetic testing for aneuploidy, or PGT-A, checks a few cells from each embryo for missing or extra chromosomes. Its use in the U.S. has grown steadily, but professional societies say its value as a routine test for every IVF patient has not been demonstrated1. Results usually fall into a few groups:

Euploid: the expected number of chromosomes was found in the sample.
Aneuploid: a whole chromosome was missing or extra in the sample.
Mosaic: the sample showed a mix of normal and abnormal cells, often graded low, medium or high3 5.
Segmental: part of a chromosome appeared missing or extra.
No result or inconclusive: the test did not give a usable answer.

"Disposition" means what happens to an embryo you will not transfer now. The usual options are:

Transfer
Keep frozen for now
Donate to research
Donate to another family
Discard (thaw without transfer)
Retest, in limited cases

ESHRE, Europe's professional society for reproductive medicine, does not recommend re-biopsying an embryo just to confirm a mosaic result, citing no evidence of diagnostic value and a possible negative effect on the embryo2.

A recommendation is not permission to discard

A clinic may recommend that an abnormal embryo not be transferred. That is a medical opinion. Discarding the embryo is a separate act, and it should rest on your informed, documented choice or on written instructions you agreed to in advance. The two can blur when a clinic's policy treats certain results as unusable.

TIME described a couple whose five embryos were all reported abnormal, after which their clinic, like many in the industry, refused to use any of them8. ESHRE's survey of 239 centers found it unclear whether decisions about mosaic embryos were made with the patient or by the lab alone2. ESHRE recommends that centers state their approach to mosaic embryos in the consent form and discuss it in counseling before testing starts2.

Advice about an embryo is the clinic's to give. The decision to end its storage belongs to the people with legal control over it.

What the evidence says about abnormal and mosaic results

Research supports some results more strongly than others. It would be wrong to suggest that every embryo labeled abnormal could have become a healthy baby, and equally wrong to treat every label as certain.

What studies have found

Uniform aneuploidy: A 2022 review concluded that embryos diagnosed with a uniform whole-chromosome aneuploidy very rarely result in the live birth of a healthy baby, and that transferring them carries real risks of miscarriage and an abnormal pregnancy. Its authors had ties to testing companies4.
One assay's track record: In a blinded study of 484 single frozen transfers, the aneuploid result from one targeted sequencing assay had a 0% clinical error rate in predicting failure to deliver6.
Low and medium mosaic: A blinded trial reported equivalent live-birth and miscarriage rates for 484 euploid, 282 low-grade mosaic and 131 medium-grade mosaic embryos, with no mosaicism found in the resulting pregnancies or newborns. Several authors were employees of a testing company3.
Reporting mosaicism: A 2026 study of 9,828 single-embryo transfers found a modest drop in live births for embryos with intermediate results, mostly in a small high-level group. The authors concluded mosaic reporting gave no clinical benefit in their setting and should not guide routine embryo selection5.
Guidance: ESHRE's 2022 recommendations state that it is not acceptable to discard low-range mosaic embryos. They also note that criteria for calling and reporting mosaicism vary significantly between centers2.

For more on how the different tests work and where they fall short, see PGT-A testing errors and PGT results and testing limitations.

When discarding an embryo may raise legal concerns

Discarding an embryo after an informed decision, made under valid instructions, is not wrongdoing. Concerns arise when something in the chain was missing or wrong, such as:

The test result itself was wrong because of a lab or analysis error.
The report belonged to a different embryo or patient. See embryo genetic testing sample mix-ups.
A mosaic or uncertain result was presented as clearly abnormal.
The limits of the test were not explained before testing or before disposal.
Embryos were discarded against your written instructions or before you decided.
A clinic policy you were never told about was applied to your embryos.
Embryos were thawed, moved or destroyed without a record of who authorized it.

Lawsuits and where the law stands

How courts treat frozen embryos varies by state, and no single rule decides what a lost embryo is worth or who may sue. Alabama's Supreme Court held in 2024 that the state's wrongful death of a minor law reaches frozen embryos10. Weeks later, Alabama enacted a law meant to give IVF providers and patients civil and criminal immunity, without settling the larger question of embryos' legal status11. That ruling governs Alabama law. Courts and lawmakers in other states may treat embryos differently, and the law continues to change.

Separate lawsuits focus on PGT-A itself. These are allegations, not findings. Natera has called the claims baseless, and other companies declined to comment or did not respond. Courts have since started ruling on some of these cases13, so the status of any one case can change.

Dated developments

February 2024

In LePage v. Center for Reproductive Medicine, the Alabama Supreme Court applies the state's Wrongful Death of a Minor Act to frozen embryos10 11.
March 2024

Alabama's governor signs a law intended to give IVF providers and families civil and criminal immunity, NPR reports11.
March 2025

TIME reports that nearly 700 IVF patients have filed proposed class actions against several PGT-A providers. The complaints argue patients were misled about the test's accuracy and usefulness, and that some discarded embryos based on results. Natera called the litigation baseless8.
March 2026

Bay News 9 reports that about 3,000 people have joined class actions led by one law firm, which has suits pending against several testing companies and a clinic network9.
July 2026

A federal judge in Colorado dismisses one proposed PGT-A class action, brought against a clinic network, without prejudice, finding the plaintiffs lacked standing to sue in federal court13.

The harm when embryos cannot be replaced

A discarded embryo is gone. For many patients, especially those whose age or health limits another cycle, the loss is permanent. The couple TIME followed took out a $15,000 loan for a second cycle after their tested embryos were set aside8. Harm can include:

Losing the chance to have a genetically related child.
Paying for new retrievals, medications and testing.
Physical risks and time involved in repeat cycles.
Grief that others may not recognize.
Strain on a relationship or family plans.
Doubt about embryos that remain in storage.

When to talk to an attorney about discarded embryos

Contact an attorney if you learn that a result may have been wrong, that embryos were discarded without your clear authorization, or that you were not told about real uncertainty in the result. A review of a possible discarded embryo lawsuit usually considers:

The exact result for each discarded embryo, and the testing lab's report.
What the consent and disposition forms said, and when you signed them.
What you were told about the result and its limits, and by whom.
Whether the clinic followed its own written policy.
Whether any embryos remain in storage and need protection.
Your age, health and ability to try again.
The law in the state where the embryos were stored.

Who may be responsible

Responsibility is never assumed. Depending on the records, a review may look at:

The fertility clinic and its physicians, who explain results and carry out disposition.
The embryology lab, which stores, thaws and discards embryos.
The genetic testing lab, if a result was wrong or misreported.
A genetic counselor, if counseling about uncertainty fell short.
A storage facility, if embryos were moved there before disposal.

Filing deadlines for discarded embryo claims

Deadlines depend on the state and the type of claim. California is one example. Its law for professional negligence claims against health care providers generally requires filing within three years after the injury or one year after the injury was discovered, or should have been discovered, whichever comes first. The three-year limit can be extended only in narrow situations, such as proof of fraud or intentional concealment12.

Patients often learn years later that a discarded embryo's result was questionable, so when the clock started can be disputed. Some states also require notice or expert review before filing. Ask a lawyer to check the rules that apply to you.

Tell Us Your Story →

Records that help show what happened

Records worth gathering

PGT consent form
Embryo disposition and storage agreements
Any form authorizing disposal
Clinic policy on abnormal or mosaic embryos

Results and lab records

PGT report for each embryo, including any amended report
Embryology and cryostorage records
Thaw or disposal logs with dates and staff names
Genetic counseling notes

Communications and costs

Portal messages and emails about results
Notes from calls or visits
Storage invoices showing which embryos were kept
Bills for later cycles

What happens after you contact CBW Law

How a review works

You tell us what was lost

Share how many embryos were discarded, what the reports said, and what you were told.
We look at consent and policy

We compare the forms you signed with what the clinic actually did.
We review the results

With your permission, we may obtain the testing reports and have the results and their limits reviewed.
We give you an honest answer

We explain whether a claim may be possible, what it would involve, and the deadlines that may apply.

Plain English

Medical, Health & Insurance

Terms you may see in PGT reports, disposition forms and bills.

Result terms

Euploid: The expected number of chromosomes was found in the tested cells.
Aneuploid: A chromosome was missing or extra in the tested cells. Uniform whole-chromosome results rarely lead to a healthy live birth4.
Mosaic: The tested cells showed a mix of chromosome results. Outcomes vary by level and type3 5.
Intermediate copy number: A lab measurement between normal and abnormal, often reported as mosaicism5.

Disposition terms

Disposition: What happens to an embryo not being transferred: storage, donation or discard.
Dispositional control: The right to decide what happens to stored embryos. Ethics guidance looks to written instructions from the person or couple who holds it7.
Unclaimed embryos: Embryos whose owners cannot be reached. Ethics guidance calls for written program policies before disposal7.

Testing terms

PGT-A: Preimplantation genetic testing for aneuploidy, a screen of chromosome number1.
Nonselection study: Research where embryos are transferred without using the test result, which is unblinded later5 6.
Re-biopsy: Taking a second sample from an embryo. Not recommended just to confirm mosaicism2.

Insurance and billing terms

Add-on: An optional service sold on top of standard IVF, such as PGT-A. It is often paid out of pocket8.
Storage fee: A recurring charge for keeping embryos frozen. Invoices can show which embryos were stored.
Explanation of benefits (EOB): An insurer's statement of what was billed and paid for each service.

Questions

Frequently asked discarded embryo questions

Short answers about embryos discarded after genetic testing.

Can a clinic discard my embryos because of a PGT result?

A clinic may decline to transfer an embryo it considers abnormal, and some clinics have policies on this. Discarding the embryo is a different step. It should match your signed instructions and an informed decision. A review compares what your forms said with what actually happened.

Does an abnormal result mean the embryo could never become a healthy baby?

Not always, but often it does. Research suggests embryos with a uniform whole-chromosome aneuploidy very rarely lead to a healthy birth4. Mosaic and some other results are less certain. Labs also report these results in different ways2. Your own results need individual medical review by your physician or a genetic counselor.

What is a mosaic embryo, and should it have been kept?

A mosaic result means the sample showed a mix of chromosome patterns. Studies have reported similar outcomes for low and medium mosaic embryos and euploid embryos3, and ESHRE says discarding low-range mosaic embryos is not acceptable2. Policies still vary between centers.

I signed a form allowing disposal. Do I still have a claim?

Possibly not, if you made an informed choice under that form. But a signed form may not cover every situation. Questions can remain if the result was wrong, the report belonged to another embryo, or the limits of the test were not explained. A lawyer can read the form with you.

Are the PGT-A class action lawsuits about discarded embryos?

Partly. As reported by TIME, the complaints argue that patients were misled about the test's accuracy and usefulness, and that some discarded embryos based on results8. These are allegations. The companies have disputed them or not commented. In July 2026 a federal judge in Colorado dismissed one of the cases, without prejudice, for lack of standing13; others were still pending in 2026 reports9.

Are embryos considered people under the law?

It depends on the state and the type of claim. Alabama's Supreme Court applied its wrongful death law to frozen embryos in 202410, but that ruling does not control other states. Legal treatment of embryos varies, so a claim is reviewed under the law where the embryos were stored.

What if I still have embryos in storage from the same cycle?

Ask the clinic in writing to keep them, and their records, unchanged while you get advice. Do not make medical decisions based on general information. Talk with your physician or a genetic counselor about what the remaining results mean for you.

Can I get my original PGT reports?

Yes, you can usually request copies of your records from the clinic, including test reports. Ask for every version, including any amended reports, and for the clinic's disposition and thaw logs. Keep copies of your requests and the dates you sent them.

How long do I have to bring a claim?

It depends on the state. In California, for example, many claims against health care providers must be filed within one year of discovering the injury and no later than three years after it, with narrow exceptions12. Other states differ, so talk with an attorney soon.

Tell Us Your Story

Embryos discarded after genetic testing can be a proper, informed choice, or the result of a wrong report, an incomplete explanation or a step no one authorized. The consent forms, reports and clinic records usually show which.

If you are grieving embryos you can't get back and something about the decision doesn't sit right, we would like to hear from you. Tell us what happened, and CBW Law will review it with care and give you an honest answer.