Heartbroken Biological Parents Forced to Surrender Custody of Their IVF Baby After Devastating Embryo Mix-Up
The biological parents of a baby girl who was born to another couple following an IVF mix-up in Florida are “heartbroken” and would have wanted to fight for custody of the child, according to their attorney.
“They are heartbroken over what has happened, and they also understand that the birth couple are also suffering,” Rob Marcereau, attorney for the genetic parents of 6-month-old Shea, told NBC News.
“They had to make the heartbreaking decision not to fight for custody,” Marcereau added.
Tiffany Score and Steven Mills have vowed to remain Shea’s “permanent” parents after reaching a “mutually devised custody agreement” with the child’s biological parents last week.
The couple filed a lawsuit against the Fertility Center of Orlando and its lead reproductive endocrinologist, Dr. Milton McNichol, in January, alleging that the wrong embryo was implanted in April 2025.
Score and Mills, who are both white, discovered the mix-up after Score gave birth to Shea on Dec. 11, 2025. The infant was described as “non-Caucasian.”
DNA testing later confirmed that Shea is 100% South Asian.
According to Marcereau, Shea’s biological parents would have preferred to raise the infant themselves but recognized that it “would have been an incredibly uphill legal battle.”
Ultimately, they concluded that a custody dispute would not be in Shea’s best interests.
The decision to transfer custody to Score and Mills was reached after several meetings between the two couples, during which there were “a lot of tears and hugs,” Marcereau said.
He added that Shea’s biological parents also plan to sue the clinic and Dr. McNichol for forcing them to make what they described as an “agonizing” decision.
Jack Scarola, attorney for Score and Mills, said his clients “are committed” to respecting the privacy of Shea’s genetic parents, who have not publicly revealed their identities.
“They have begun and intend to continue to foster a relationship of friendship and trust” with the other couple, Scarola said.
Court documents filed in Orange County last Friday also show that Score and Mills informed the judge they had selected a new medical center for any future IVF procedures and had transferred their remaining embryo there.
The embryo will undergo parentage testing, after which the couple will “determine next steps,” according to the filing.
The Fertility Center of Orlando previously announced that, after “thoughtful consideration,” it would close by May 20.
Marcereau did not immediately respond to The Post’s request for comment.
