Biological parents of baby in embryo mix‑up chose heartbreak over custody battle, attorney says

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Key Takeaways

  • A Florida fertility clinic mistakenly implanted the wrong embryo, resulting in a baby (Shea) who is genetically unrelated to the couple who gave birth to her.
  • Genetic testing showed Shea is 100 % South Asian, while her birth parents, Tiffany Score and Steven Mills, are white.
  • The biological parents, identified only as “Patient 004,” were located after a lawsuit and have agreed to let the birth couple retain custody while maintaining a relationship with the child.
  • Both sets of parents describe the situation as emotionally devastating; the birth parents chose not to pursue a custody battle because they believed it would not be in Shea’s best interest.
  • The case highlights the limited regulatory oversight of in‑vitro fertilization (IVF) in the United States and underscores how rare such embryo mix‑ups are, with only a handful of similar incidents reported nationwide.
  • The fertility clinic, which has since closed, and its lead reproductive endocrinologist, Dr. Milton McNichol, face lawsuits from both the birth and biological parents for the error.

The ordeal began in December 2023 when Tiffany Score and Steven Mills welcomed a baby girl they named Shea after undergoing in‑vitro fertilization at the Fertility Center of Orlando in Longwood, Florida. The couple had pursued IVF after struggling to conceive, and they trusted the clinic to handle their embryos with the utmost care. Shortly after Shea’s birth, however, noticeable physical differences prompted Score and Mills to request genetic testing. The results were startling: Shea showed no genetic link to either parent and was determined to be 100 % South Asian, a stark contrast to the couple’s Caucasian heritage.

Armed with this evidence, Score and Mills filed a lawsuit against the Fertility Center of Orlando and its lead reproductive endocrinologist, Dr. Milton McNichol, alleging negligence in the embryo transfer process. The lawsuit contended that the clinic had implanted an embryo belonging to another patient into Score’s uterus, leading to the birth of a child who was not genetically theirs. In response to the suit, the clinic’s records were reviewed, and in April 2024 the attorney for Score and Mills announced that the biological parents—referred to in court documents only as “Patient 004”—had been located. Their identities have remained confidential to protect their privacy.

Following the discovery, the two sets of parents engaged in a series of emotionally charged meetings. According to Rob Marcereau, the lawyer representing Score and Mills, the encounters were marked by “a lot of tears and hugs,” as each side grappled with the shocking reality of the mix‑up. Marcereau emphasized that his clients “are heartbroken over what has happened, and they also understand that the birth couple are also suffering.” Despite their deep attachment to Shea, the birth parents ultimately decided not to pursue a custody battle. Marcereau explained that fighting for custody would have been an “incredibly uphill legal battle” and, more importantly, they concluded that it would not serve Shea’s best interests. Instead, they reached an agreement that allows them to remain part of Shea’s life while the biological parents retain legal custody.

The biological parents, represented by Marcereau as well, have expressed their own anguish. They describe being thrust into an impossible situation where they must relinquish a child they never expected to raise, while also coping with the knowledge that their genetic offspring was carried and delivered by another couple. Marcereau noted that the biological parents intend to sue the clinic and Dr. McNichol for the error, stating that the mistake is “inexcusable” and that no family should ever be placed in such a predicament.

The case has drawn attention to the broader landscape of assisted reproductive technology in the United States. Experts point out that IVF clinics operate under a patchwork of state regulations and lack the uniform oversight seen in many other developed nations. While embryo mix‑ups are exceptionally rare—documented in only a handful of families across the country—their occurrence raises serious questions about laboratory protocols, tracking systems, and accountability measures within fertility centers. The Fertility Center of Orlando has since closed, and neither the clinic nor Dr. McNichol has responded to requests for comment regarding the settlement or the ongoing litigation.

In the aftermath, Tiffany Score and Steven Mills have stated that they “have begun and intend to continue to foster a relationship of friendship and trust” with Shea’s biological parents. Their hope is that, despite the painful start, Shea will grow up surrounded by love from both families who, though thrust into an unprecedented situation, are committed to her well‑being. The story remains a poignant reminder of the human stakes behind assisted reproduction and the need for rigorous safeguards to prevent such heartbreaking errors.

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