Twenty-six families in California have filed a lawsuit against fertility specialist Dr. Brian Acacio, accusing him of secretly taking their embryos to an unknown location in Bakersfield after his clinic was shuttered. The families claim Acacio is holding the embryos hostage unless they sign documents absolving him of responsibility. Attorney Robert Marcereau stated that the location and safety of the embryos remain unknown.
Dr. Brian Acacio, a fertility specialist, faces a lawsuit from 26 former patients after allegedly removing their embryos from his clinic in Laguna Niguel, California, without notification. According to the lawsuit, Acacio was evicted from his office after failing to pay $243,000 in rent over a year. In December 2025, he shuttered the Acacio Fertility Center and "secretly rounded up all of his patients' embryos, loaded them into a truck, and drove them four hours north to Bakersfield," the suit claims.
Acacio's medical license was placed under an interim order with restrictions on October 8, 2025. It was fully suspended on December 30, 2025, due to allegations of drug use. Despite the suspension, patients reported that Acacio continued practicing. Marina Reyes told KCBS that Acacio performed "a pretty invasive ultrasound" on her on January 2. Christina Chandler said at a press conference that during a fluid ultrasound, Acacio "had an IV in his arm."
Leading up to the suspension, patients experienced IVF treatment delays, medication and scheduling errors, unexpected clinic disruptions, billing disputes, and difficulties with embryo storage, transfer, and release, the lawsuit alleges.
The primary demand of the lawsuit is the return of the embryos, which are now in an unknown location in Bakersfield. Attorney Robert Marcereau, representing the families, said at a Tuesday press conference: "To this day, we do not know exactly where those embryos are or whether they are safe." He accused Acacio of "holding these patients' embryos hostage" and refusing to release them unless patients sign a document "absolving him of any responsibility for his conduct."
Patient Berenice Cervantes told KTLA: "It's like a hostage situation. I feel like they were kidnapped. I don't know where they are, we don't know where they are."
The families seek a court order to compel the return of their embryos. Acacio declined to comment, citing ongoing litigation.
