Couple Files Lawsuit Against Fertility Clinic Over Embryo Mix-Up Resulting in Non-Caucasian Child

A couple from Florida has initiated a lawsuit against a fertility clinic, alleging that a mix-up during in vitro fertilization (IVF) has resulted in the birth of a child who lacks genetic ties to them, described as a "non-Caucasian child."

Tiffany Score and Steven Mills claim that the Fertility Centre of Orlando made an error by implanting an incorrect embryo during their fertility treatment. In the lawsuit presented last week in Orange County Circuit Court, the couple identified IVF Life, Inc. and its leading reproductive endocrinologist, Dr. Milton McNichol, as defendants.

According to the couple, in April 2025, another individual’s embryo was mistakenly placed in Score’s uterus, despite protocols intended to avoid such errors. Court documents reveal that in 2020, the couple had stored three viable embryos produced via IVF for potential future use.

IVF Life promotes itself as a provider of “advanced fertility care” equipped with “cutting-edge technology.” It was not until five years later that an embryo was implanted, leading to Score giving birth to a “beautiful, healthy female child” on December 11, 2025.

Following the birth, the couple quickly noticed discrepancies concerning the baby's appearance. The lawsuit states that both Score and Mills identify as “Caucasian,” yet their newborn exhibited features indicative of a different racial background.

Subsequent genetic testing confirmed that the child had “no genetic relationship” to either parent.

John Scarola, the couple's attorney, indicated that he reached out to the clinic on January 5, insisting that the clinic facilitate reuniting the baby with her genetic parents and clarify the status of the couple’s embryos.

Additionally, the couple expressed concerns that another patient might have been unintentionally implanted with one of their embryos, potentially resulting in that individual either being pregnant with or raising their biological child.

The lawsuit elaborates on the deep emotional connection formed between Score and Mills and the newborn throughout the pregnancy, a bond that has intensified since her arrival. They currently care for the child but feel a moral imperative to ensure her genetic parents are located if they choose to come forward.

“They have developed a profound affection for this child,” commented Scarola. “While they would be overjoyed at the prospect of raising her, they are apprehensive that another family may claim their child at any moment.”

The legal action seeks urgent court intervention, requesting that a judge mandate the clinic notify all patients who might be affected by this mix-up and finance extensive genetic testing.

The couple also seeks transparency regarding whether other families have experienced similar mix-ups with embryos.

An emergency court session was conducted on January 28 before Judge Margaret Schreiber. Scarola suggested that the error could have originated either during the embryo storage in 2020 or the implantation process in 2025.

He requested approval for five years of clinic-funded genetic testing.

Describing the incident as a “horrendous error,” Scarola acknowledged that such occurrences are “very uncommon.” He noted the complexity of the legal issues involved in the case.

Judge Schreiber remarked on the lack of established Florida laws that could guide a resolution satisfactory to both the plaintiffs and defendants involved.

Dr. McNichol, who received his medical degree from Loma Linda University School of Medicine in 2004, has been recognized for his compassionate care and clinical proficiency by both patients and colleagues, receiving multiple accolades over the years.

Previously, IVF Life posted, then removed, a notice from its website stating that 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.”