Florida Couple Sues Fertility Clinic Over Embryo Mix-Up

Tiffany Score and Steven Mills, a couple from Florida, have filed a lawsuit against IVF Life, Inc., a fertility clinic in Orlando, and its lead reproductive endocrinologist, Dr. Milton McNichol. The couple alleges that an error at the clinic led to the implantation of another patient’s embryo in Score’s uterus, resulting in the birth of a child who is not biologically theirs. The lawsuit was filed on January 22, 2026, in Orange County Circuit Court, following the birth of a "beautiful, healthy female child" on December 11, 2025.

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The couple had stored three viable embryos at the clinic in 2020 for in vitro fertilization. They claim that upon the child's birth, they immediately recognized a discrepancy, as both parents are Caucasian while the baby displayed characteristics of a racially non-Caucasian child. Subsequent genetic testing confirmed that the child had "no genetic relationship" to either parent.

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The couple's attorney, John Scarola, has expressed concerns not only about the mix-up but also about the possibility that another individual may have been implanted with one of their embryos. Scarola sent a letter to the clinic on January 5, demanding that it take steps to reunite the child with her genetic parents and provide an explanation for the handling of the couple's embryos.

Couple sue fertility clinic after birth of ‘non-Caucasian child’

The lawsuit seeks emergency court action to compel the clinic to notify all affected patients, fund extensive genetic testing, and disclose whether other families may have been impacted by similar errors. An emergency hearing was held before Judge Margaret Schreiber, where Scarola described the incident as a "horrendous error," emphasizing the need for accountability and transparency.

Couple sue fertility clinic after birth of ‘non-Caucasian child’

In response to the allegations, IVF Life, Inc. stated that it is "actively cooperating with an investigation" to determine the source of the error. However, the clinic has raised privacy concerns regarding the genetic testing of other patients, arguing that consent would be necessary for any testing to occur.

Florida couple sues fertility clinic after alleged embryo mix-up results in birth of ‘non-Caucasian child’ not biologically theirs

Judge Schreiber has ordered the clinic to submit a detailed plan addressing the situation by the end of the week. The clinic previously posted a notice on its website regarding the investigation, which has since been removed.

White couple sues fertility clinic after mom gives birth to 'non-Caucasian child' in embryo mix-up

Despite the circumstances, Score and Mills have formed a strong emotional bond with the child during the pregnancy and continue to raise her. They have expressed a willingness to keep the child but also feel a moral obligation to reunite her with her genetic parents if they are willing and able to do so. Scarola highlighted the couple's internal conflict, stating, “They would be thrilled in the knowledge that they could raise this child. But their concern is that this is someone else’s child.”

Couple sue fertility clinic after birth of ‘non-Caucasian child’

While the couple's lawsuit presents a clear narrative of an embryo mix-up, the clinic's response has focused on privacy and procedural safeguards. The exact timeline of when the error occurred—whether during the embryo storage in 2020 or the implantation in 2025—remains unclear, as both parties have differing perspectives on the situation.

Florida couple sues fertility clinic after alleged embryo mix-up results in birth of ‘non-Caucasian child’ not biologically theirs

• “They have fallen in love with this child,” — John Scarola, Attorney for Tiffany Score and Steven Mills

Florida couple sues fertility clinic after alleged embryo mix-up results in birth of ‘non-Caucasian child’ not biologically theirs

• “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.” — John Scarola, Attorney for Tiffany Score and Steven Mills

Florida couple sues fertility clinic after alleged embryo mix-up results in birth of ‘non-Caucasian child’ not biologically theirs

• “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,” — Judge Margaret Schreiber

Florida couple sues fertility clinic after alleged embryo mix-up results in birth of ‘non-Caucasian child’ not biologically theirs

This case raises significant questions about the ethical responsibilities of fertility clinics and the legal implications of such errors, highlighting the need for clear guidelines and protections for all parties involved.

Florida couple sues fertility clinic after alleged embryo mix-up results in birth of ‘non-Caucasian child’ not biologically theirs