After IVF Implant and Birth, a Lawsuit
A couple in Florida is grappling with an extraordinary situation after discovering the baby they are raising is not biologically theirs, even as they continue to embrace their role as her parents.
In an update issued April 23, attorneys for Tiffany Score and Steven Mills said DNA testing has now identified the infant’s biological background and likely her genetic parents. The tests showed the child is entirely of South Asian descent, while both Score and Mills are white. By reviewing patients whose egg retrieval and embryo transfer timelines matched Score’s, investigators narrowed it down to one South Asian couple. However, what became of Score and Mills’ own embryos remains unknown. So far, there is no evidence that their embryos led to the birth of another child. In a statement, the couple said the development answers some questions but introduces new ones, emphasizing that their commitment to raising their daughter has never wavered.
The case began earlier this year when the couple filed a lawsuit against the Fertility Center of Orlando and physician Milton McNichol. According to court filings, they had created and frozen three embryos at the clinic. One embryo believed to be theirs was implanted in Score in April. Their daughter, Shea, was born on December 11.
Soon after her birth, the couple became concerned when the baby did not resemble either of them. Genetic testing later confirmed that neither parent is biologically related to her. Despite the shock, they have consistently said their bond with the child continues to grow.
Their lawsuit is not focused on financial compensation. Instead, they are seeking answers—specifically, the identity of the child’s biological parents and the fate of their own embryos. They have also expressed concern that another family could unknowingly be raising their biological child. At the same time, they worry about the possibility that the baby they are raising could be taken from them if courts prioritize genetic parentage.
Legal experts note that under Florida law, biological ties often carry significant weight in custody disputes. Meanwhile, the fertility clinic had briefly acknowledged an unspecified “error” in an online statement before removing it. A lawyer representing the clinic has said patient privacy laws limit what information can be disclosed and that individuals cannot be compelled to undergo DNA testing without legal authority.
A judge has now ordered certain records to be submitted for review, with a decision pending on what information may be released. The clinic and the doctor have not publicly commented further as the legal process continues.
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