Aymeric Monello-Fuentes and Naiah Monello-Fuentes, a couple in Las Vegas, say their surrogacy journey turned into a legal and financial ordeal after DNA tests indicated their baby may not be genetically related to the intended father. They report paying about $81,000 to a Florida-based agency coordinating surrogacies in Mexico and are now dealing with lawsuits and questions about the child’s parentage and immigration status.
According to KTNV, clinic records showed two viable male embryos and a May 6, 2024 transfer, yet the baby born January 3, 2025 was female. DNA tests in Cancún and Texas excluded Aymeric as the biological father and suggested the surrogate as a possible match, though some results noted chain-of-custody concerns.
Lawsuit And Fundraising
The agency has taken the dispute into federal court, arguing in filings that the couple’s public posts amount to a calculated smear campaign and seeking damages in response. Court records show Miracle Surrogacy sued for defamation and that parts of its complaint survived a motion to dismiss. On the other side of the fight, the family’s online fundraiser details mounting legal and immigration expenses and says the battle has nearly wiped out their savings, as described on their GoFundMe page.
What Fertility Experts Conclude
Fertility specialists who reviewed the paperwork told reporters that the most straightforward medical explanation is that the surrogate conceived naturally within the embryo-transfer window. That scenario would make her the genetic parent and mean the transferred embryo was not the source of the pregnancy. Dr. Brian Levine, whose review is described by KTNV, said the timeline and documents point in that direction and warned it leaves "a lose-lose for everyone."
Agency Response And Policy Shift
Miracle Surrogacy’s public materials now promote free noninvasive prenatal (NIP) DNA testing during pregnancy as part of its Mexico programs, a change the company presents as added reassurance for intended parents. Miracle Surrogacy’s website says the agency offers prenatal DNA testing to provide "peace of mind" about genetics during pregnancy. Its marketing also highlights donor screening, expedited matching and legal services connected to births in Mexico.
Federal Court Next Steps
The federal docket shows that on January 30, 2026, a judge granted in part and denied in part a motion to dismiss, allowing core sections of Miracle Surrogacy’s defamation claim to move forward and ordering the defendants to file an answer by February 13, 2026. The same order rejected Miracle’s requests for punitive damages and for an injunction that would have forced the couple to take down their social media posts, leaving the case headed into discovery and additional briefing, according to court records.
Why Mexico Complicates Recourse
Legal guides and industry analysts say Mexico’s surrogacy landscape is a patchwork of state statutes and court rulings, which can make it difficult for U.S. intended parents to pursue medical or civil claims across the border. A detailed industry guide traces the legal history, including a 2021 Supreme Court decision that broadened access while leaving regulation and enforcement uneven, and warns that outcomes often hinge on state-level practice and local court procedures. The Surrogacy Insider
Through all of this, the Monello-Fuenteses say they will continue to raise Emma and press for answers, even as their fundraiser outlines immigration and legal bills that could climb into the six figures. Their public posts and their GoFundMe page underscore the human cost of a cross-border surrogacy dispute that attorneys say highlights the risks built into lower-cost international programs.
