Fertility doctor who attended Biden's State of the Union as Democrat's guest accused of taking couples' embryos without consent

By 
, March 5, 2026

Twenty-six couples have sued a Southern California fertility doctor, alleging he secretly transported their embryos to a facility three hours away and then refused to return them unless they signed a document releasing him from liability.

Dr. Brian Acacio, who operated an IVF clinic in Orange County's tony Laguna Niguel before suddenly shuttering it, now faces a civil lawsuit in Orange County Superior Court. The suit accuses him of moving dozens of couples' embryos to Bakersfield without permission. The Medical Board of California has already issued an order barring him from practicing medicine.

According to the NY Post, Acacio was a guest of Democratic Rep. Mike Levin at President Biden's 2024 State of the Union address, where Democrats paraded him as a champion of reproductive freedom.

What the Couples Are Facing

For families who have gone through IVF, embryos are not abstractions. They represent years of emotional and physical toll, tens of thousands of dollars, and in many cases, the only viable path to having children. The allegation that a doctor would move them without consent and then hold them as leverage is staggering.

Attorney Robert Marcereau, representing the couples, described the situation at a press conference Tuesday:

"When patients began to find out about what had happened, they demanded the immediate return of their embryos."

Instead of complying, Marcereau said, Acacio dug in:

"Dr. Acacio refused, stating he would not give back the embryos unless patients signed a document absolving him of any responsibility for his conduct."

Attorney Benjamin Ikuta did not mince words about what his clients are experiencing:

"He's stolen these people's embryos. He's held their families essentially hostage, and we want answers."

Christina Chandler, one of the affected patients, spoke through tears at the press conference:

"We've been through so much. We just need them to be accountable. We want our embryos."

That's not a political talking point. That's a woman asking for her future children back.

A License Already on the Ropes

The Medical Board of California first placed restrictions on Acacio's license in October 2025, requiring him to abstain from controlled substances and submit to biological testing. Acacio had previously had his medical license suspended for drug use, according to KTLA.

He allegedly violated those restrictions, prompting a cease-practice order on December 30, 2025, barring him from treating patients unless he completed a period of negative drug tests and received authorization to return to work. Meanwhile, his clinic was reportedly falling more than $240,000 behind on rent before it closed.

So to summarize the timeline:

  • License suspended for drug use
  • License restored with restrictions
  • Restrictions allegedly violated
  • Cease-practice order issued
  • Clinic shuttered
  • Embryos moved without consent
  • Patients told to sign liability waivers or lose access to their own embryos

Every step in that sequence should have been a red flag for anyone treating this man as a poster child for anything.

The State of the Union Photo Op

Which brings us to the politics. Rep. Mike Levin invited Acacio to President Biden's final State of the Union address. Levin praised Acacio as someone "frequently named one of the top reproductive endocrinologists in California and in the nation," celebrating his "life-changing fertility work" that "has helped thousands of California families."

Levin went further, wrapping Acacio into the broader Democratic messaging apparatus on reproductive politics:

"As we defend reproductive freedom from attacks by extremist MAGA Republicans, I am proud to stand with Dr. Acacio and President Biden to ensure families have access to the reproductive tools and health care they need."

Read that again, knowing what 26 families are now alleging in court. The man Democrats held up as the face of compassionate reproductive care stands accused of seizing his patients' embryos and using them as bargaining chips to escape accountability.

The Deeper Contradiction

Democrats spent much of 2024 warning that Republicans posed an existential threat to IVF access. They staged events, ran ads, and brought guests to the State of the Union to hammer the message. The framing was always the same: trust us, not them, with your reproductive future.

But the threat to these 26 families didn't come from a Supreme Court ruling or a piece of Republican legislation. It came from a doctor whom Democrats personally vetted, elevated, and celebrated. The call, as they say, was coming from inside the house.

This is a pattern worth noticing. The left builds its political narratives around symbols: the sympathetic doctor, the brave whistleblower, the struggling family. The symbol does the rhetorical work so the policy doesn't have to withstand scrutiny. When the symbol collapses, the architects of the narrative simply move on. Levin has issued no public statement addressing the lawsuit, at least not in any reporting available.

No one from the party that turned Acacio into a prop has stepped forward to stand with the 26 families now fighting to recover their embryos from the man they championed.

What Comes Next

Ikuta said the immediate priority is straightforward:

"Our first and most important goal is the lawful, expeditious but safe transfer of these embryos back to where they belong."

The civil suit will proceed. The Medical Board's orders remain in effect. Whether criminal charges follow depends on what investigators find.

But for now, 26 families sit in limbo. Their embryos are in a facility in Bakersfield, three hours from the clinic where they entrusted them to a doctor who shook hands at the State of the Union and smiled for the cameras. The people who put him on that stage have nothing to say to them.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson