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Florida IVF Embryo Mix-Up Results in Custody Agreement Between Birth and Biological Parents

6/19/2026, 3:21:59 AM

Embryo Mix-Up Leads to an Unprecedented Custody Arrangement

In December 2025, Tiffany Score and Steven Mills gave birth to a baby girl, Shea, after an in-vitro fertilization (IVF) cycle at the Fertility Center of Orlando (operating as IVF Life, Inc.). Genetic testing soon revealed that Shea was 100 % South Asian and bore no genetic relation to Score or Mills, indicating that an embryo belonging to another couple—referred to in court documents as “Patient 004”—had been mistakenly implanted. After months of litigation, the two families reached a private custody agreement that leaves Score and Mills as Shea’s permanent legal custodians while preserving a “friendship and trust” relationship with the biological parents.

Background: IVF Practices and Oversight Gaps

The case has drawn attention to the United States’ comparatively limited regulatory oversight of IVF clinics. Experts note that only a handful of embryo-mix-up incidents have been documented nationally, underscoring the rarity but also the potential systemic vulnerability of embryo handling and storage procedures.

Key Parties and Legal Actions

  • Birth parents: Tiffany Score and Steven Mills (white).
  • Biological parents: Anonymous couple identified as “Patient 004.”
  • Clinic and physician: IVF Life, Inc.; former director Dr. Milton McNichol, reproductive endocrinologist.
  • Attorneys: Rob Marcereau (for Patient 004), Mara Hatfield (for Score & Mills), Jack Scarola (for Score & Mills).
  • Judiciary: Circuit Court Judge Margaret Schreiber.

Score and Mills filed a lawsuit in January 2025 alleging negligence, demanding notification of all patients with stored embryos, coverage of genetic-testing costs, and full disclosure of any parentage discrepancies. The biological parents have indicated intent to sue the clinic and Dr. McNichol for the “inexcusable” error.

Timeline of Events

  • March 2025: Embryo transferred to Score’s uterus (not her own).
  • December 2025: Birth of Shea; physical appearance prompted suspicion.
  • December 2025–January 2026: Genetic testing confirms non-parentage.
  • January 2026: Lawsuit filed against Fertility Center of Orlando.
  • April 2026: Court filings identify Patient 004 as Shea’s genetic parents.
  • June 12 2026: Custody agreement filed in Orange County Circuit Court; Judge Schreiber approves.
  • June 15 2026: Status conference scheduled to address remaining legal and medical questions.

Data & Statistics

  • Only a “handful” of embryo mix-ups have been reported in the United States.
  • The clinic stored three viable embryos for Score & Mills; one remains at the closed facility.
  • Shea’s genetic profile is 100 % South Asian, contrasting with the white birth parents.

Official Statements & Responses

Attorneys for Score & Mills emphasized their desire to maintain a stable home for Shea while fostering a relationship with the genetic parents. The clinic’s spokesperson reiterated a commitment to transparency and the child’s well-being. Judge Schreiber expressed relief that the parties resolved custody while Shea is still young.

Criticism & Calls for Reform

Legal filings criticize the clinic’s lack of safeguards, demanding that all patients with stored embryos be notified and that comprehensive genetic testing be funded by the clinic. Observers cite the case as evidence of insufficient federal oversight of IVF practices.

Conflicting Reports & Gaps

The fate of the third stored embryo remains unclear; some filings suggest it may have been implanted elsewhere, while others state it is still at the closed clinic. The private custody agreement’s specific terms are not public, leaving details of visitation and financial responsibilities undisclosed.

Verbatim Quotes

  • “They are heartbroken over what has happened, and they also understand that the birth couple are also suffering,” — Rob Marcereau, attorney for Patient 004
  • “I’m glad the parties have reached an agreement while this child is relatively young,” — Judge Margaret Schreiber
  • “We are completely obsessed with her smiles and giggles and look forward to more milestones: reading books, ponytails, taking her to the beach, etc,” — Tiffany Score
  • “It’s just inexcusable.” — Rob Marcereau
  • “Our priority remains transparency and the well-being of the patient and child involved.” — IVF Life, Inc. spokesperson
  • “The couple's counsel released a statement on the topic saying: "There are some remaining questions about the fate of their missing embryo(s).” — Jack Scarola, attorney for Score & Mills

What’s Next

Score & Mills plan to have the remaining embryo transferred to a new facility for genetic testing, a process expected to take six weeks. The amended lawsuit will likely address alleged laboratory errors and seek damages. A status conference on June 15 will determine further procedural steps, and the parties have indicated an intention to continue their cooperative relationship while pursuing accountability for the clinic’s alleged negligence.