White Couple Sues Fertility Clinic After Alleged Embryo Mix-Up Results in Birth of Black Child

A Florida couple has filed legal action against a fertility clinic and its physician after alleging a catastrophic in vitro fertilization (IVF) error led to the implantation of another patient’s embryo and the birth of a child who is not biologically theirs.

Tiffany Score and Steven Mills allege that Orlando-based IVF Life, Inc., along with Dr. Milton McNichol, implanted the wrong embryo into Score’s uterus in April 2025.

The couple says they became aware of the alleged error immediately after the child’s birth on December 11, 2025, citing what court filings describe as the baby’s “physical appearance of a racially non-Caucasian child.”

Subsequent genetic testing, according to the complaint, confirmed that the child shares no biological relationship with either Score or Mills.

The lawsuit raises serious questions of medical negligence, breach of contract, and violations of reproductive rights, as well as unresolved legal issues surrounding parentage, custody, and damages in assisted reproductive technology cases.

Emergency Court Hearing and Demands

During an emergency hearing held Wednesday before Judge Margaret Schreiber, the couple’s attorney, John Scarola, characterized the alleged mistake as a “horrendous error” with lifelong consequences.

Scarola told the court that while the couple has bonded with the child, they are deeply concerned about the legal uncertainty surrounding her future.

“They have fallen in love with this child,” Scarola said. “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.”

Scarola has formally demanded that the clinic take immediate steps to identify and reunite the child with her genetic parents, while also accounting for the whereabouts of Score and Mills’ embryos. The couple is also seeking at least five years of clinic-funded genetic testing and monitoring to determine the full scope of the alleged error.

Clinic Response and Investigation

IVF Life, Inc. has not publicly commented beyond a now-deleted notice stating that it is “actively cooperating with an investigation to support one of our patients in determining the source of an error that resulted in the birth of a child who is not genetically related to them.”

The deletion of the statement has drawn scrutiny as litigation proceeds.

Broader Legal Implications

Legal experts note that embryo mix-up cases are rare but legally complex, often involving overlapping claims of medical malpractice, emotional distress, wrongful birth, and constitutional questions about parental rights.

Similar lawsuits have emerged nationwide in recent years, reflecting growing concerns over oversight and accountability in the rapidly expanding fertility industry. A comparable case was previously reported by American Law Reporter in 2025, underscoring the absence of uniform federal regulations governing IVF clinics and embryo handling protocols.

The court has not yet ruled on custody, damages, or injunctive relief. Further hearings are expected as investigators work to determine how the alleged error occurred and whether other patients may have been affected.