Florida Couple Files Lawsuit Over Fertility Clinic Embryo Mix-Up
A Florida couple has initiated legal action against a major fertility clinic, alleging a significant error during embryo implantation resulted in the birth of a child who is not biologically related to them. This case has sparked an urgent court battle and a broader investigation into how the mix-up occurred, raising serious questions about reproductive medical protocols.
Details of the Alleged Embryo Implantation Error
According to documents first reported by the Orlando Sentinel and Law & Crime, the lawsuit centers on an embryo implantation procedure that went wrong at an Orlando facility. Tiffany Score and Steven Mills allege that Orlando fertility clinic IVF Life, Inc., and its head reproductive endocrinologist, Dr. Milton McNichol, implanted another patient's embryo into Score's uterus in April 2025.
The couple had stored three viable embryos at the clinic in 2020 for in vitro fertilization, a process where embryos are created and preserved for future pregnancy attempts. Five years later, one embryo was implanted, and Score gave birth to a beautiful, healthy female child on December 11, 2025, as stated in the court filing.
Genetic Testing Reveals Shocking Discovery
The couple immediately suspected something was amiss because both parents are Caucasian while the baby displayed physical characteristics suggesting a non-Caucasian racial background, according to the complaint. Subsequent genetic testing confirmed the child has no genetic relationship to either parent.
Their attorney, John Scarola, sent a letter to the clinic on January 5 demanding it unite the baby with her genetic parents and provide an explanation about what happened to his clients' embryos. The lawsuit, filed January 22 in Orange County Circuit Court, details these troubling developments.
Emotional Bond and Legal Complexities
The legal documents reveal the couple formed an intensely strong emotional bond with the child during pregnancy and after birth, with the baby remaining in their care. While they express willingness to raise the child, they feel both a legal and moral obligation to return her to her biological parents should those individuals come forward.
They have fallen in love with this child, Scarola told the Orlando Sentinel. They would be thrilled in the knowledge that they could raise this child. But their concern is that this is someone else's child, and someone could show up at any time and claim the baby and take that baby away from them.
The lawsuit also raises the alarming possibility that another patient may have received one of Score and Mills' embryos and could be pregnant with, or already raising, their biological child.
Emergency Court Hearing and Clinic Response
The lawsuit seeks emergency court action requiring the clinic to:
- Notify potentially affected patients
- Fund broad genetic testing
- Disclose whether other families could be impacted by an embryo mix-up
An emergency hearing was held Wednesday before Judge Margaret Schreiber. During the proceedings, Scarola argued the mix-up could have occurred either when embryos were stored in 2020 or during the 2025 implantation procedure. He requested that the clinic pay for five years of genetic testing for involved families.
Scarola described the situation as a horrendous error and acknowledged such cases are very uncommon, while noting the legal complexity due to limited precedent in Florida law.
Judge Schreiber remarked, There's not a lot of Florida law for you all to reach a resolution that will provide the answers that the plaintiffs in this case are seeking, and the protections that the defendants are wanting to ensure remain in place for their clients.
In a notice that was later removed from its website, the clinic stated it is actively cooperating with an investigation to support one of our patients in determining the source of an error that resulted in the birth of a child who is not genetically related to them.
Background on the Physician Involved
Dr. Milton McNichol received his medical degree from Loma Linda University School of Medicine in 2004 and is described by patients and colleagues as having strong bedside manner and clinical expertise. According to Issuewire.com, he has received multiple Patients' Choice Awards, Compassionate Doctor recognitions, and was ranked among Florida's top 10 doctors in 2014.
This case highlights critical issues in reproductive medicine and raises important questions about:
- Embryo handling and storage protocols
- Patient identification and verification processes
- Legal frameworks for addressing such medical errors
- The emotional and ethical dimensions of fertility treatments
The ongoing legal proceedings will likely establish important precedents for how similar cases are handled in the future, while the investigation continues to determine exactly how this troubling embryo mix-up occurred.
