Naples IVF embryo error: couple's baby not biologically theirs, prosecutor investigates

The discovery

A 41-year-old man and his 36-year-old wife underwent in vitro fertilisation at the San Paolo hospital in Naples, hoping for a second child. They used one of their five frozen embryos stored at the facility. On 3 June 2025, a baby girl was born. Doubts arose shortly after birth when the parents were told the newborn's blood type was incompatible with both the mother's and the father's. Subsequent DNA testing confirmed that the child was not biologically theirs.

The couple filed a complaint with the Naples Prosecutor's office in July 2025. Prosecutor Stella Castaldo, of the Labor and Professional Negligence section coordinated by deputy prosecutor Antonio Ricci, opened a case for negligent injuries (lesioni colpose). The NAS Carabinieri conducted inspections at the medically assisted procreation centre in the Fuorigrotta district of the hospital.

The parents' anguish

The father described the moment they discovered the error as entering a vortex of emotions. The couple feared their own embryos might have been implanted in another woman.

“When we discovered the embryo swap, we entered a vortex of emotions. We asked ourselves whether ours had been implanted in another couple, and what torments us is the idea that somewhere our biological child may exist.”

Despite the shock, the couple have legally recognized the baby girl and stated they intend to raise her. Their lawyer, Francesco Petruzzi, framed the case as an escalation of medical errors.

“We have gone from the cradle swap to the womb swap. We believe there is psychological damage to be quantified.”

The health authority's response

ASL Napoli 1, the local health authority with jurisdiction over the hospital, issued a statement declaring itself an injured party. It clarified that there was no reciprocal embryo exchange: an embryo from another couple was implanted in the woman, but the couple's own five embryos were not transferred to other patients. This means, according to the health authority, that no biological child of the couple exists elsewhere.

The authority detailed the measures taken after the case was reported a year ago: activation of a clinical audit, a multidisciplinary inspection group, and suspension of all assisted reproduction activities. The centre underwent what the ASL described as a deep restructuring in terms of structure, technology, and organisation, including acquisition of newer equipment for the cryobank and for the seminology and embryology laboratory.

Resumption of activity

Outpatient activity at the assisted reproduction centre resumed in the first week of August 2026, with the health authority contacting couples awaiting or entering treatment. As of the latest statement, only final certifications remained pending before full reactivation of all centre functions.

The ASL expressed full confidence in the judiciary and in the definitive establishment of facts in the competent venues, stating it had taken every necessary initiative to overcome the identified shortcomings and protect public interest and patients.

Broader context

Rai News reported that the Italian Parliament is working on legislation related to the case, though details of the proposed law were not specified in the available reporting. The case has drawn attention to the management of biological material in assisted reproduction facilities in Italy, where IVF has been practiced since the early 1980s.