Florida Couple to Raise Baby After IVF Mix-Up Custody Agreement
A Florida couple who discovered their daughter was genetically unrelated to them after an alleged embryo mix-up at a fertility clinic has reached a landmark custody agreement with the child’s biological parents, resolving one of the most complex legal and emotional questions to emerge from an IVF error.
Tiffany Score and Steven Mills, a white couple from Central Florida, welcomed their daughter Shea in December 2025 after undergoing in vitro fertilization at the Fertility Center of Orlando. But when the baby “displayed the physical appearance of a racially non-Caucasian child,” genetic testing confirmed she was 100% South Asian and not biologically related to either parent, according to the lawsuit filed in January.
The Custody Resolution
Under a “mutually devised custody agreement” filed on June 12 in Orange County court, Score and Mills will remain Shea’s permanent custodial parents. The biological parents — identified in court documents only as “Patient 004” — intend to remain part of the child’s life, according to their attorney Rob Marcereau, who told NBC News that both families recognize “the impossible situation that both families have been placed in, through no fault of their own.”
Circuit Court Judge Margaret Schreiber expressed support for the resolution, noting she was “glad the parties have reached an agreement while this child is relatively young,” as reported by the Orlando Sentinel.
How the Mix-Up Was Discovered
Score and Mills contracted with the Fertility Center of Orlando for IVF services, including cryogenic storage of three viable embryos. In April 2025, Score underwent an embryo transfer. When Shea was born in December, the couple noticed physical differences and pursued genetic testing, which confirmed the baby was not theirs.
In January 2026, they filed a lawsuit against IVF Life, Inc. (operating as Fertility Center of Orlando) and Dr. Milton McNichol, the lead reproductive endocrinologist. The lawsuit demanded the clinic notify all potentially affected patients, pay for genetic testing for all patients over the past five years, and disclose any parentage discrepancies, Fox 35 Orlando reported.
Identifying the Biological Parents
In April 2026, Shea’s genetic mother — Patient 004 — was located. She was the only patient in the March 2020 egg retrieval group from which Shea’s embryo likely originated, and her self-reported ethnicity matched Shea’s. Patient 004 chose to remain anonymous until the testing was confirmed.
Jack Scarola, attorney for Score and Mills, said the couple appreciates “the role the news media has played in bringing them and Shea to the point where Shea’s genetic parents were able to be identified and fears about Shea’s future have been settled,” according to ABC News.
Broader Implications for IVF Regulation
The case has put a spotlight on the U.S. IVF industry, which experts say operates with less regulatory oversight compared to many other developed countries. The Fertility Center of Orlando announced the closure of its operations on March 30, 2026, amid legal and financial troubles, leaving many patients scrambling to transfer their medical records and embryos.
Court filings reveal that Score and Mills have uncovered evidence of “laboratory-clinic errors” that could substantiate claims for damages without needing to meet medical malpractice prerequisites, suggesting potential systemic failures at the clinic beyond the single embryo mix-up, as documented by ClickOrlando.
Remaining Questions
Several questions remain unresolved. The fate of Score and Mills’ other embryos is unknown — only one of their three viable embryos has been accounted for. That remaining embryo, labeled with their name, has been transferred to another facility for genetic testing. The couple’s attorneys stated they “will keep this emergency matter open until those issues are resolved.”
Embryo mix-ups are known to have affected only a handful of other families in the U.S., including a 2019 California case where a white couple gave birth to a Black baby after an IVF mix-up. This Florida case is notable because Score and Mills chose to keep and raise the child, reaching an amicable resolution — a relatively rare outcome.
What’s Next
As the malpractice case against Dr. McNichol and IVF Life, Inc. proceeds, both families have expressed a desire to maintain a relationship of “friendship and trust” for Shea’s sake. The case continues to raise profound questions about parentage, custody rights, and the need for stronger oversight of fertility clinics in the United States.
For now, Shea remains with the parents who have cared for her since birth — a resolution that prioritizes the child’s stability while leaving significant legal and regulatory questions for the courts and lawmakers to address.