IVF Mix-Up: Biological Parents Lose Custody Battle for Baby
The biological parents of a baby born to the wrong couple after a Florida IVF clinic mix-up have decided not to pursue custody, though they plan to sue the facility responsible for the error.
Rob Marcereau, representing the genetic parents of six-month-old Shea, told media outlets that his clients are devastated by the unprecedented situation, as New York Post reports. The couple wanted to fight for their biological child but ultimately concluded such a battle would not serve the infant’s best interests.
They had to make the heartbreaking decision to not fight for custody, Marcereau explained. The couple recognized that pursuing legal action would represent an extremely difficult uphill battle and could prove harmful to the child caught in the middle.
Tiffany Score and Steven Mills, the birth parents, have pledged to remain Shea’s permanent caregivers following a mutually agreed custody arrangement reached last week with the genetic parents. The couple filed suit in January against the Fertility Center of Orlando and its head reproductive endocrinologist, Dr. Milton McNichol, alleging the clinic implanted the wrong embryo during an April 2025 procedure.
Score and Mills, both white, became aware of the catastrophic mix-up after Score delivered a non-Caucasian baby on December 11, 2025. Subsequent DNA testing confirmed that Shea is 100 percent South Asian, according to New York Post.
The biological parents reached their decision after multiple emotionally charged meetings with Score and Mills that involved considerable tears and embraces, Marcereau disclosed. Both couples share an understanding of the suffering this medical negligence has inflicted on their families.
Shea’s genetic parents intend to pursue legal action against the fertility clinic and the physician responsible for placing them in this agonizing position, their attorney indicated.
Jack Scarola, representing Score and Mills, stated his clients are committed to protecting the privacy of Shea’s biological parents, who have maintained anonymity throughout the ordeal. The two couples have begun developing a relationship built on friendship and trust, he added.
According to court documents filed in Orange County last Friday, Score and Mills have transferred their remaining embryo to a different medical facility for future IVF treatments. That embryo will undergo parentage testing before the couple determines their next course of action.
The Fertility Clinic of Orlando previously announced it will close permanently by May 20 after what it called thoughtful consideration of recent events.
With information from New York Post
