Florida Embryo Mix-up Leads to Complex Custody Agreement

The biological parents of a baby girl, born to another couple due to an embryo mix-up in Florida, face a challenging situation, according to their attorney. In a recent agreement, the birth parents will retain custody of the infant, a decision that has deeply affected all involved parties.

Rob Marcereau, representing the biological parents, spoke to NBC News about their struggles. He stated, “They are heartbroken over what has happened, and they also understand that the birth couple are also suffering.” Despite their emotional turmoil, they decided not to pursue custody.

Baby Shea was born in December to Tiffany Score and Steven Mills, who underwent in vitro fertilization at the Fertility Center of Orlando in Florida. A lawsuit followed when genetic testing showed Shea was not related to them. The search for Shea’s biological parents, known in court documents as Patient 004, concluded in April.

The agreement allows Shea’s biological parents to be part of her life. Marcereau emphasized their care for the child and the difficulty of the legal battle that would have ensued. He stated, “They just didn’t feel that that was going to be what was in the best interest of Shea.” The decision followed emotional meetings between both sets of parents.

Score and Mills, who are white, initiated genetic tests when their child showed physical traits of a racially non-Caucasian child. Their attorney, Mara Hatfield, confirmed Shea was 100% South Asian. Score and Mills aim to build a relationship of trust with Shea’s biological parents, fostering a bond over time.

The Fertility Center of Orlando, now closed, did not comment on the custody agreement. This incident highlights concerns about IVF oversight in the U.S., where embryo mix-ups remain rare but significant.

Score and Mills’ lawsuit targets the fertility center and Dr. Milton McNichol, its lead endocrinologist. Court summaries acknowledge the lack of genetic relation between Shea and the plaintiffs. McNichol has not commented on the situation.

Marcereau indicated that Shea’s biological parents plan to sue the fertility clinic and the doctor. He remarked on the severe situation, stating, “They have been placed in such a difficult situation that no one should be placed in, and the decision they have been forced to make has just been agonizing.”