Florida Parents File Lawsuit After IVF Mix-Up Allegedly Results in Birth of Wrong Child

Florida Parents File Lawsuit After IVF Mix-Up Allegedly Results in Birth of Wrong Child

Orlando, Florida — A Florida couple has filed a lawsuit against a fertility clinic, alleging a devastating medical error that led to the woman giving birth to a child who is not biologically theirs, raising serious questions about embryo handling, patient safety, and oversight in assisted reproductive care.

According to court records filed in Orange County, Steven Mills and Tiffany Score welcomed a baby girl in December, believing the child was conceived using their frozen embryos stored at the clinic. Weeks later, the couple claims they discovered the child was not genetically related to either of them.

Genetic Testing Reveals Shocking Discovery

The lawsuit states that Mills and Score, who are both White, became concerned after noticing that their newborn daughter appeared to be racially non-Caucasian. Genetic testing was ordered, which allegedly confirmed that the baby is not their biological child.

The couple claims the error occurred at the Fertility Center of Orlando, where their embryos had been frozen for approximately five years before one was implanted.

The lawsuit alleges that the clinic implanted the wrong embryo into Score’s uterus, resulting in the birth of a child genetically related to another couple.

Fear That Their Own Embryos Were Given Away

Beyond the immediate shock, the lawsuit raises a deeply troubling possibility: that their embryos may have been implanted into someone else.

“Of equal concern to the Plaintiffs is the obvious possibility that someone else was implanted with one or more of their embryos and is pregnant with or has been pregnant with and is presently parenting one or more of their children,” the lawsuit states.

The couple claims they have repeatedly asked the clinic for help locating:

  • The biological parents of the child Score gave birth to
  • The current status of their own frozen embryos

According to the filing, those requests have so far gone unanswered.

Couple Seeks Widespread Genetic Testing

As part of the lawsuit, Mills and Score are asking the court to require the clinic to pay for genetic testing of every child born from embryos implanted at the facility over the past five years.

They argue that such testing is necessary to:

  • Determine whether other families were affected
  • Identify the child’s biological parents
  • Establish whether their embryos were mistakenly used

At an emergency court hearing held Wednesday, attorneys for both sides indicated that the clinic had preliminarily agreed to genetic testing, though the scope remains unresolved.

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Clinic Raises Privacy Concerns

Attorney Francis Pierce III, representing the clinic, told local media that privacy laws could limit widespread testing.

“Patients would have to agree to be tested,” Pierce said, noting that genetic screening of other families cannot be compelled without consent.

Pierce added that attorneys on both sides are working toward a swift resolution, though no settlement has been finalized.

Emotional Bond Complicates the Case

Despite the lawsuit, court documents emphasize the couple’s strong emotional attachment to the child they have been raising since birth.

“An intensely strong emotional bond was created… during the nine months of her pregnancy,” the lawsuit states, adding that the bond “grows stronger every minute of every day.”

The couple says they would be willing to continue caring for the child but believe that legally and morally, she should be reunited with her biological parents — if they are fit, able, and willing.

Clinic’s Past Regulatory Issues Cited

The lawsuit also references prior regulatory action involving the clinic’s leadership. According to court filings and media reports, Dr. Milton McNichol, who oversees the Fertility Center of Orlando, was fined $5,000 in May 2024 following a routine inspection by the Florida State Board of Medicine.

That inspection reportedly found:

  • Equipment that failed to meet performance standards
  • Non-compliance with a required risk management program

While the lawsuit does not claim a direct link between those findings and the alleged embryo mix-up, it argues the violations raise concerns about overall clinic practices.

Case Raises Broader IVF Oversight Questions

The lawsuit is drawing attention to embryo tracking, consent, and accountability within fertility clinics, an industry that has grown rapidly while regulation varies widely by state.

As the case proceeds, it may test how courts balance medical error, parental rights, privacy concerns, and the best interests of a child born from assisted reproductive technology.

What safeguards do you think fertility clinics should be required to follow to prevent errors like this? Share your thoughts in the comments below.

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