The biological parents of baby Shea, born to another couple after an embryo mix-up in Florida, say they made a “heartbreaking decision” not to fight for custody so the birth parents could keep the infant. Their attorney describes months of devastation, while t
Days after a custody agreement kept the baby’s birth parents as the child’s legal caretakers, the biological parents behind Florida’s embryo mix-up are trying to live with what one lawyer called an “absolutely impossible situation.”
“The last several months have been devastating for my clients,” attorney Rob Marcereau said. “They are heartbroken over what has happened, and they also understand that the birth couple are also suffering.”
Marcereau said the biological parents reached an arrangement that allows the child’s birth parents to keep custody. He added that his clients decided not to fight for custody because it would have required a legal fight he described as “incredibly uphill. ” and they ultimately felt it would not be in Shea’s best interest.
The baby girl, named Shea, was born in December. She was born to Tiffany Score and Steven Mills. a couple who underwent in vitro fertilization at the Fertility Center of Orlando in Longwood. Florida. In the months leading up to the custody arrangement. Score and Mills sued the clinic. saying tests showed Shea was not genetically related to either of them.
After that revelation, a search began for the genetic couple whose embryo had been mistakenly implanted into Score. In April, Score and Mills’ attorney announced that the biological parents had been found. In court documents, the biological parents are identified only as Patient 004, and their identities have been kept private.
Marcereau said the custody agreement is designed so his clients can remain part of Shea’s life. He said they care deeply about the baby and would have preferred to keep her as their own. but the decision to stand back from custody was driven by the belief that a long court battle would not serve Shea.
He described the path to the agreement as a series of meetings with the birth parents that included “a lot of tears and hugs.”
Score and Mills pursued genetic testing because their baby’s appearance led them to seek answers. Their lawsuit states that Shea “displayed the physical appearance of a racially non-Caucasian child.” Their attorney, Mara Hatfield, previously said the testing showed Shea is 100% South Asian.
In a statement this week, Hatfield said Score and Mills have “begun and intend to continue to foster a relationship of friendship and trust” with Shea’s biological parents.
The Fertility Center of Orlando, which has since closed, did not respond to a request for comment regarding the news of the custody agreement.
Court filings also show that Score and Mills’ lawsuit names the fertility center and its lead reproductive endocrinologist, Dr. Milton McNichol, as defendants. Marcereau said Shea’s biological parents intend to sue the clinic and the doctor as well.
A judge’s summary in court filings said the defendants have not disputed that Shea “should be, but is not, the genetic child” of the plaintiffs. Dr. McNichol did not respond to a request for comment this week.
The case has become part of a broader public spotlight on IVF oversight in the United States. with experts saying it lacks protections found in other developed countries. But the mistake at the center of this matter—an embryo mix-up leading to the birth of a child not genetically related to the intending parents—is rare. with experts describing it as having happened to only a handful of families across the U.S.
Marcereau said the biological parents feel trapped by the outcome. “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,” he said. “It’s just inexcusable.”
Florida IVF embryo mix-up Shea Tiffany Score Steven Mills Fertility Center of Orlando Rob Marcereau Mara Hatfield custody agreement Patient 004 Dr. Milton McNichol