A couple who welcomed a baby through in vitro fertilisation has filed a lawsuit in the United States, alleging that a fertility clinic error led to the implantation of the wrong embryo and the birth of a child who is not biologically related to them.
The lawsuit was filed last week in Orange County Circuit Court by Tiffany Score and Steven Mills, who say the IVF Life, formerly known as the Fertility Centre of Orlando, mistakenly implanted another patient’s embryo during treatment in April 2025.
The suit names IVF Life, Inc. and its lead reproductive endocrinologist, Milton McNichol, alleging that the error occurred despite safeguards that should have prevented such a mix up.
According to court documents, the couple stored three viable embryos at the clinic in 2020 after undergoing in vitro fertilisation. The embryos were preserved for future use. Five years later, one embryo was implanted. On December 11, 2025, Score gave birth to what the lawsuit describes as a healthy baby girl.
The couple says they realised immediately after the birth that something was wrong. Both parents are Caucasian, while the baby displayed physical features that prompted concern. Genetic testing later confirmed that the child has no genetic relationship to either parent.
Their lawyer, John Scarola, said he contacted the clinic on January 5, demanding answers about the fate of his clients’ embryos and calling for steps to reunite the child with her genetic parents, should those parents wish to come forward.
The couple has also raised concerns that another patient may have been implanted with their embryo and could now be pregnant with or raising their biological child.
Despite the discovery, the lawsuit states that Score and Mills formed a strong emotional bond with the baby during pregnancy, a bond that has continued since birth. The child remains in their care. While they say they are willing to raise the child themselves, they believe there is a legal and moral obligation to clarify the child’s biological origins.
The lawsuit is seeking emergency court action, including an order compelling the clinic to notify all potentially affected patients and to fund widespread genetic testing. The couple is also requesting disclosure on whether other families may have been impacted by an embryo mix up.
An emergency hearing was held on Wednesday, January 28, before Margaret Schreiber. Scarola told the court that the error could have occurred either during embryo storage in 2020 or at the time of implantation in 2025. He requested five years of clinic funded genetic testing.
Describing the situation as a horrendous error, Scarola noted that such incidents are rare but carry profound consequences. Judge Schreiber acknowledged the complexity of the case, stating that Florida law offers limited guidance on resolving disputes involving competing parental rights and patient protections.
Dr McNichol, who received his medical degree from Loma Linda University School of Medicine in 2004, has previously been recognised for his clinical work and patient care, according to Issuewire.com.
In a statement later removed from its website, IVF Life said it is actively cooperating with an investigation to determine the source of the error that resulted in the birth of a child who is not genetically related to the patient.
The case has reopened wider concerns around trust, accountability, and safeguards in assisted reproductive technology, an area where precision is critical and the human consequences of error are lifelong.
Tashin hankali