Florida embryo mix-up baby to stay with birth parents

The birth parents of a baby born after an IVF embryo mix-up will retain permanent custody under a court agreement with the genetic parents.

Tiffany Score gave birth to a baby girl in December 2025 following IVF treatment at the Fertility Centre of Orlando in Florida. A genetic test later revealed the child was not related to Score or her husband, Steven Mills (see BioNews 1324). The child's genetic parents – who have chosen to remain anonymous – were identified in April. Now, as outlined in a 'mutually devised' court agreement between the two couples, Score and Mills will continue to raise the baby as her permanent custodial parents.

'I'm glad the parties have reached an agreement while this child is relatively young,' said Judge Margaret Schreiber during a hearing at Seminole County Circuit Court on 15 June.

'We love our little girl,' Score and Mills said in January, when they filed a lawsuit against the clinic. 'At the same time, we are aware that we have a moral obligation to find and notify her biological parents.'

The genetic mother, referred to in court documents as 'Patient 004', received treatment at the clinic in March 2020, when Score and Mills' embryos were also created and frozen.

In recent weeks, the two couples have met in person to discuss next steps. The process involved 'a lot of tears and hugs', according to Rob Marcereau, the lawyer for Patient 004 and her partner. The custody arrangement will allow the genetic parents to remain involved in the child's life, and the two families 'have begun and intend to continue to foster a relationship of friendship and trust,' said Score and Mills' lawyer, Mara Hatfield.

The genetic parents 'are heartbroken over what has happened,' but 'understand that the birth couple are also suffering,' Marcereau told NBC News. 'They had to make the heartbreaking decision to not fight for custody… [It] would have been an incredibly uphill legal battle, and they just didn't feel that was going to be what was in the best interest of [the child].'

Although the custody issue is settled, both families are still pursuing legal action against the Fertility Centre of Orlando – which closed in May – and its founder, Dr Milton McNichol.

Score and Mills originally had three embryos stored at the clinic, including one which they used during a transfer that resulted in a miscarriage. Of the remaining two embryos, one has since been moved to another facility and the other remains unaccounted for.  

'Their new provider contacted [the] Fertility Centre of Orlando to arrange transport and received the embryo attributed to them,' Hatfield wrote in the court-filed documents. 'That embryo will be tested for parentage, and then the plaintiffs will determine next steps.'