SANTA ANA, Calif. - Twenty-six people have filed a lawsuit against Orange County fertility specialist Dr. Brian David Acacio and Acacio Fertility Center, alleging the physician secretly transported hundreds of cryopreserved embryos to Bakersfield without patient consent.
Embryos transferred without consent
What we know:
The complaint alleges that Acacio, whose medical license was restricted and later subject to a cease-practice order, continued treating patients while struggling with substance abuse and mounting financial problems. The couples allege that as eviction proceedings unfolded at his Laguna Niguel clinic, embryos were secretly transferred to Bakersfield.
They say the relocation happened around Dec. 17, 2025, and they never received any advance notice or gave written consent.
The complaint further alleges that after patients learned about the relocation, the clinic refused to release the embryos unless patients signed notarized liability waivers releasing the clinic from any claims related to the transport or storage.
What they're saying:
"These embryos are not inventory. They are not replaceable property. For many of these families, these embryos represent their last and only opportunity to have a biological child. To move them without consent — while concealing license discipline and financial collapse — is an extraordinary breach of trust," said attorney Benjamin T. Ikuta.
"You cannot hold a family’s embryos hostage and demand they waive their legal rights just to retrieve what is already theirs," Marcereau said. "The law requires transparency, informed consent and adherence to basic medical standards. The allegations in this complaint describe the opposite."
Doctor under investigation for drug use
Dig deeper:
The Medical Board began investigating Acacio in 2024 after allegations of cocaine use. Court filings state he admitted to using cocaine and refused to take a urine test. He was later found to have a mental condition affecting his ability to practice.
An interim order restricting his license was issued in October 2025, and on Dec. 30, 2025, a cease-practice order prohibiting him from practicing medicine was issued.
According to the lawsuit, Acacio continued participating in early January 2026. Patients were allegedly told appointments were being postponed due to a "family emergency," and were never told about his suspension.
Attorneys also say the clinic was facing eviction for more than $243,000 in unpaid rent. The couples say they were not notified of the clinic's financial situation, eviction proceedings, license restrictions, or the cease-practice order, and some underwent embryo transfers during the time Acacio was under investigation.
What's next:
The lawsuit seeks the release of all embryos to facilities designated by the patients, reimbursement of transfer costs, full chain-of-custody documentation and independent inspection. The couples are also seeking damages for emotional distress, reproductive harm and financial loss.
The Source: Information for this story came from court records and a statement was provided by attorneys Benjamin T. Ikuta and Robert H. Marcereau of the Fertility Law Group.