IVF Embryo Mix-Up Ends in Custody Deal, Legal Fight Looms

The biological parents of a baby girl born to a different Florida couple after an IVF embryo mix-up say they have reached a custody agreement and will not pursue a custody fight—yet their attorney says legal action against the fertility clinic and physician is

A baby girl was born in December last year—only to upend two families almost immediately once the truth surfaced: the embryo implanted during their IVF treatment was not genetically related to the couple who carried and gave birth.

For the biological parents, the shock has been compounded by the legal reality that parental rights in the U.S. and in Florida largely favor the people who actually give birth. And now. after months of turmoil and heartbreak. they’ve reportedly chosen not to fight for custody of Shea with the couple who raised her.

Instead. their attorney. Rob Marcereau. says the families have reached a custody agreement with Tiffany Score and Steven Mills—the Florida couple who carried and gave birth to Shea following what has been described as an unfathomable IVF error. Marcereau explained that while his clients would have preferred a different outcome, the legal odds were daunting.

“If it was up to my clients and if they had the choice, of course. But the laws in this country, and in Florida, favor the parents who actually give birth to a child, so it would have been an incredibly uphill legal battle.”

Score and Mills had worked with the Fertility Center of Orlando last year. believing that one of their embryos had been transferred. When Shea was born in December, they realized something was wrong and pursued genetic testing. They later located Shea’s biological parents. Even while dealing with their own “shock and heartbreak. ” Score and Mills previously said they felt a moral responsibility to find the child’s genetic family.

In a statement shared earlier. the couple said: “This ends one chapter in our heartbreaking journey. but it raises new issues that will have to be resolved. … Only one thing is as absolutely certain today as it was on the day our daughter was born — we will love and will be this child’s parents forever.”.

Court documents obtained in the case indicate the families have entered what has been described as a mutually crafted custody arrangement. Under that agreement, Score and Mills will continue as Shea’s permanent custodial parents, while Shea’s biological parents will remain involved in her life.

Marcereau described the emotional toll on his clients with blunt clarity. “They were obviously shocked when they were told that their embryo was used and given to another couple. They are heartbroken over what has happened, and they also understand that the birth couple are also suffering. They had to make the heartbreaking decision to not fight for custody.”.

Private meetings between the families reportedly included tears, difficult conversations, and moments of compassion as they tried to navigate a situation no one should ever be forced into.

Marcereau later told People that his clients found some comfort in one thing: Shea is being cared for by people they trust. “They have satisfied themselves that these folks are providing a good home and will be able to take care of Shea. They do want to stay in her life. so it is part of their agreement they are going to stay in her life and visit and be a part. There was no easy answer or easy solution to this and they’re doing the best that they can under the circumstance.”.

Even with the custody agreement in place, the attorney says the legal fight may not be over. Marcereau told NBC News that the biological parents are expected to pursue legal action against the fertility clinic and the physician involved.

“They have been placed in such a difficult situation that no one should be placed in, and the decision they have been forced to make has just been agonizing. It’s just inexcusable.”

Score and Mills’ representatives told People they will not be commenting further as they focus on raising their daughter and developing a relationship with Shea’s genetic parents.

The case also appears to extend beyond Shea. Court filings cited by multiple outlets reportedly indicate that one frozen embryo remains connected to the dispute. According to those legal documents. that embryo has been transferred to another clinic for storage and future evaluation: “That embryo will be tested for parentage and then the Plaintiffs will determine next steps.”.

The Fertility Center of Orlando announced in April that it would be closing, with a different clinic expected to open in the same location.

Now, no matter where the remaining legal proceedings go, the story remains a stark reminder that fertility clinic errors can produce consequences that ripple through every layer of family life—long after the hospital lights go out.

IVF embryo mix-up Shea custody agreement Tiffany Score Steven Mills Fertility Center of Orlando Rob Marcereau Florida IVF case genetic testing frozen embryo parentage