Florida IVF mix-up: Custody agreement reached after fertility clinic embryo error, court documents say

LONGWOOD, Fla. - The birth parents and genetic parents of a baby girl at the center of a "fertilization error" have reached a custody agreement. 

Four months after Tiffany Score gave birth to her daughter, Shea, following embryo implantation at an Orlando IVF clinic, her daughter's genetic parents were identified, and now both families have reached a mutual custody agreement, a June 12 court filing shows. This comes after Score and Steven Mills filed a lawsuit against the fertility clinic after the embryo mix-up and began searching for their daughter's genetic parents. 

Though this agreement is confidential, the court filing confirms that the birth parents, Tiffany Score and Steven Mills, will remain as the permanent custodial parents of Shea.

The backstory:

After Score gave birth to her daughter Shea in December 2025, who is a different ethnicity from the plaintiffs, the family began searching for Shea's genetic parents. Out of a "moral obligation," Score and Mills sought an emergency injunction, requiring the clinic to preserve records, notify potentially affected patients and begin immediate genetic testing.

Score underwent an embryo transplant in April 2025 – giving birth to her daughter in December. 

How were Shea's genetic parents identified? 

What we know:

According to an April 22 court filing, Shea's genetic mother – identified in court documents as Patient 004 – was the only patient in the March 2020 retrieval group from which Score and Mills' daughter was likely developed. Patient 004's self-reported ethnicity also matched Shea's, the court filing said. 

After genetic testing, Patient 004 was found to be genetically related to Shea – concluding the search for Shea's genetic mother.

Patient 004 chose to remain anonymous – even from Score and Mills – until the testing was confirmed. 

In April, Score and Mills released a statement, confirming their daughter's genetic parents were identified, saying, "This ends one chapter in our heartbreaking journey, but it raises new issues that will have to be resolved. In addition, questions about the disposition of our own embryos are still unanswered and are even more unlikely to ever be answered." 

Both parents have since reached a custody agreement, of which the details will remain private. Both sets of parents planned to meet in person to discuss next steps, court documents said. 

Where did the IVF ‘error’ occur? 

The fertility clinic allegedly responsible is the Fertility Center of Orlando in Longwood and Dr. Milton McNichol, information from a lawsuit against the clinic said. 

The clinic said it's actively cooperating with the investigation to determine the source of the error. 

The Fertility Center of Orlando announced the closing of its operations, a statement on its website said on March 30. The Fertility Center of Orlando, located in Longwood, is closing its operations – alerting all previous patients that they can transition their care to CNY Fertility or obtain copies of medical records and have them transferred to a provider of choice. 

According to the April court filing, Score and Mills allegedly learned that McNichol has been associated with that entity since before the filing of this action for emergency relief.

The fate of the last embryo

One last embryo at the clinic was labeled with Score's name. Score and Mills are working to have that final embryo transferred to another clinic to store the embryo that is attributed to them, court documents say. As of April, the parents were told the embryo couldn't be transferred until May, after which the embryo will be tested for parentage. 

The couple's counsel released a statement on the topic saying: 

"There are some remaining questions about the fate of their missing embryo(s). In addition, the transfer of the embryo that the clinic attributes to our clients is still pending. We will keep this emergency matter open until those issues are resolved. We will proceed separately with addressing the irrefutable malpractice committed by Dr. McNichol, the embryologists at issue, and the various clinics and laboratories with which they were associated, in order to obtain the justice and recovery our three clients deserve."

Grounds for malpractice?

A court filing claims Score and Mills uncovered information revealing laboratory-clinic errors that could substantiate claims for damages against the defendants. Score and Mills are researching the scope of the claims, the April court filing said, as well as any other prospective defendants that could assist in determining the fate of all embryos. The couple could seek to amend their current complaint, the court filing said. 

What's next:

A status conference is set to take place on June 15. 

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