‘He’s stolen these people’s embryos’: SoCal fertility doctor is sued

For years, Dr. Brian Acacio’s name had considerable cachet among California couples who were trying to start a family.

Acacio boasted having some of the highest IVF success rates in Southern California. His reviews were stellar. Other doctors recommended him. And testimonials from former patients told stories of dreams come true after years of trying for a child.

What his patients didn’t know, according to legal filings, is that Acacio’s medical license was suspended by the California Medical Board in December following accusations that he was using cocaine and board-ordered psychological testing that revealed a mental condition that impaired his ability to practice medicine.

Twenty-six couples from across California filed a civil lawsuit in Orange County Superior Court on Tuesday alleging that Acacio failed to inform them of his license suspension, continued to practice medicine and moved their embryos without consent from his facility in Laguna Niguel to his office in Bakersfield.

Many patients who spent thousands of dollars for fertility treatments discovered their embryos had been moved only when they tried to schedule a transfer, the medical procedure that is the final step in the IVF process. Others learned of the relocation through social media or from other patients, said attorney Benjamin Ikuta, who is representing the couples.

“Our first and most important goal is the lawful, expeditious but safe transfer of these embryos back to where they belong,” Ikuta said. “He’s stolen these people’s embryos. He’s held their families essentially hostage, and we want answers.”

Acacio could not immediately be reached for comment. A message left at his office in Bakersfield was not returned.

Monique Santos, a patient of Dr. Brian Acacio, and her husband, Allen, speak to the media Tuesday.

(Robert Gauthier / Los Angeles Times)

Monique Santos and her husband, Allen, tried unsuccessfully to start a family for years before they sought Acacio’s help.

Last August, Santos underwent egg retrieval that resulted in three viable embryos. In early November, Acacio transferred one of the fertilized embryos. The couple had hoped to welcome a son, but the procedure did not result in a pregnancy, she said.

The couple was disappointed. But they vowed to try again and wanted to do so quickly. Their December transfer was postponed, and the couple was given shifting explanations for the delay, they said. Eventually, they were told the doctor had a family emergency.

At the time of Santos’ egg retrieval, Acacio had been under investigation by the state medical board for months, records show.

“It just made me feel almost violated because I didn’t know anything that was going on,” Santos said as she fought back tears during a news conference Tuesday. “I just want a baby, honestly. It’s just so hard.”

In late 2024, the medical board received a complaint alleging that Acacio was a daily cocaine user. In February 2025, investigators visited Acacio’s office to interview him and request a urine sample, which he refused to provide. He admitted to using cocaine “approximately three times with his ex-girlfriend,” according to medical board documents.

Months later, a psychiatrist evaluated Acacio at the behest of the medical board and found he has a “mental condition affecting his ability to practice medicine safely,” according to the document.

In early October, Acacio agreed to an interim order imposing restrictions on his license. The order required that he abstain from alcohol and controlled substances that were not prescribed to him, submit to random drug testing and work with a psychiatrist who specializes in addiction medicine.

Then, on Dec. 30, the medical board prohibited Acacio from practicing medicine after he tested positive for marijuana, records show.

The lawsuit alleges that Acacio performed an ultrasound on at least one patient after his license was suspended.

Around the same time, Acacio was forced to close his medical practice in Orange County and relocate his clinic to Bakersfield. Court records show that Acacio, along with two other doctors, failed to pay more than $243,000 in rent on the Laguna Niguel office for roughly a year.

A representative for Acacio’s practice told a couple via email that storage tanks with the embryos were moved from Laguna Niguel to his office in Bakersfield on Dec. 17, according to the lawsuit.

Attorneys allege that Acacio refused to return his patients’ embryos unless they signed a “sweeping” release agreement that would shield his clinic from any liability for possible damage to the biological material.

The couples named in the lawsuit said they’re unsure whether their embryos are even viable. Cryopreserved embryos must remain at a consistent temperature, and transporting them, even under optimal conditions, introduces some risk, according to the lawsuit.

“I’m devastated,” said Berenice Cervantes, another of Acacio’s patients. “I was so hopeful for this, and I did my due diligence. I looked at the best doctors in the area and Dr. Acacio’s name kept coming up and so I thought, ‘You can’t go wrong with that.’”