Florida Parents Choose to Keep Baby After IVF Clinic Mix-Up Reveals Embryo Was From Another Couple
ORLANDO, Fla. — An Orlando-area couple will permanently raise the infant girl they welcomed via in vitro fertilization after reaching a landmark custody agreement with her biological parents following a rare embryo mix-up.
Tiffany Score and Steven Mills, who underwent the fertility procedure at a Florida clinic near Orlando, discovered after delivery that the baby was not genetically related to either of them. Both families resolved the parental dispute privately outside of court, prioritizing the child’s well-being and a mutual desire to foster a lifelong relationship built on friendship and trust.
The Shocking Discovery: A Rare Reproductive Error
Tiffany Score and Steven Mills originally underwent IVF treatments at the Fertility Center of Orlando, located in Longwood, Florida. According to NBC News, following what appeared to be a standard, successful pregnancy, Score gave birth to their daughter, Shea, in late 2025. However, suspicion arose shortly after birth when the newborn displayed the physical appearance of a child who was racially non-Caucasian, despite both Score and Mills being white.
Subsequent DNA testing confirmed their fears: the infant shared no genetic ties with the couple and was determined to be 100% South Asian. The medical anomaly initiated a massive legal search to identify the anonymous biological parents whose embryo had been mistakenly implanted.
Reaching a Private Mutual Custody Settlement
In April 2026, genetic testing successfully tracked down the biological parents, identified in legal records only as Patient 004. Given the complete absence of clear federal oversight in the U.S. reproductive industry, legal experts feared a devastating, prolonged custody battle. According to a court filing submitted by family attorney Mara Hatfield, a confidential, “mutually devised custody agreement” was established, legally recognizing Score and Mills as the permanent custodial parents of Shea.
Rob Marcereau, the attorney representing the anonymous biological parents, remarked that while his clients are heartbroken by the medical negligence, they intend to stay active in the child’s life while respecting the deep bond Score and Mills established during pregnancy. Circuit Court Judge Margaret Schreiber formally expressed her support, commending both families for settling the matter harmoniously while the child is still an infant.
The Downfall and Sudden Closure of the IVF Clinic
The severe lab error sparked major fallout for the healthcare facility responsible. The Fertility Center of Orlando, which operated under lead reproductive endocrinologist Dr. Milton McNichol, faced severe legal and financial turmoil following the initial medical malpractice lawsuit filed in January.
By the spring of 2026, the facility abruptly shuttered its operations and closed its doors, leaving active patients to scramble. The ongoing lawsuit remains active as investigations continue into laboratory workflows and the location of other patients’ embryos. Meanwhile, Score and Mills have transferred their last remaining frozen embryo to a separate medical facility to undergo rigorous genetic testing before continuing their fertility journey.
Gestational vs. Genetic Motherhood Under Florida Law
When an embryo mix-up occurs, it creates a complex legal paradox because Florida family law separates parental rights based on genetics and gestation.
- The Gestational Carrier Framework: Under Florida Statute § 742.15, clear legal paths exist for intentional gestational surrogacy. In typical surrogacy contracts, the woman who carries the pregnancy has no genetic link to the child and signs away parental rights before implantation. The intended genetic parents then secure an expedited post-birth parentage order.
- The “Intentional Parent” Gap: The law assumes that the birth mother intended to carry a child genetically related to her or a chosen donor. When a clinic mistakenly implants a completely random couple’s embryo, the birth mother is not a contracted surrogate. Because she carried and gave birth to the child, Florida common law heavily weighs the immediate psychological and physical bond established during pregnancy.
- A Precedent of Mutual Resolution: Because statutory law does not cleanly address a non-consensual embryo mix-up, cases like the one in Orlando are usually settled outside of court. Rather than litigating a custody battle between the birth parents and the genetic parents (Patient 004), a private contract is drafted to establish permanent legal custody while allowing the biological parents visitation or contact rights.
The U.S. fertility industry is largely considered self-regulated. While the Centers for Disease Control and Prevention (CDC) tracks clinic success rates, neither the CDC nor the FDA has the statutory authority to mandate electronic witnessing systems or audit laboratory workflows for mix-ups.
Conversely, European nations approach assisted reproductive technology (ART) as heavily regulated public healthcare. For example, under Italy’s Law 40 or the standard EU In Vitro Diagnostic Regulations (IVDR), labs undergo rigorous state inspections, clinical performance tracking, and mandatory recording of every single fertilization event to protect patient safety.
