If you’re considering fertility treatments in California—or have already undergone IVF—you need to understand your legal rights when medical errors occur. A shocking case from Florida highlights what can go wrong during embryo storage and implantation, and the complex legal challenges families face when fertility clinics make mistakes.
What Happened in the Florida IVF Case?
A Florida couple, Tiffany Score and Steven Mills, filed a lawsuit in Orange County Circuit Court after discovering that their fertility clinic implanted the wrong embryo during their IVF procedure. The couple had stored three viable embryos at IVF Life, Inc. in Orlando in 2020. Five years later, when one embryo was implanted in April 2025, the procedure resulted in the birth of a child on December 11, 2025—but genetic testing revealed the baby had no biological relationship to either parent.
The lawsuit names IVF Life, Inc. and Dr. Milton McNichol, the clinic’s head reproductive endocrinologist, as defendants.The case was first reported by the Orlando Sentinel and Law & Crime.
How Common Are Embryo Mix-Ups in Fertility Clinics?
Attorney John Scarola, representing the couple, described the situation as a “horrendous error” and acknowledged that such cases are “very uncommon.”However, when they do occur, the legal and emotional consequences can be devastating for all parties involved.
The lawsuit raises critical questions that any California family undergoing fertility treatment should consider:
What Legal Rights Do Parents Have After a Fertility Clinic Error?
The Florida case reveals the unprecedented legal complexity these situations create. Judge Margaret Schreiber acknowledged during the emergency hearing that “there’s not a lot of Florida law” to guide resolution of such cases.
The lawsuit seeks several forms of emergency relief:
Attorney Scarola has requested that the clinic pay for five years of genetic testing for all involved families, noting the mix-up could have occurred either during the 2020 storage process or the 2025 implantation.
The Emotional and Legal Dilemma: When You Love a Child Who Isn’t Biologically Yours
Perhaps the most heart-wrenching aspect of this case is the emotional bond the couple has formed with the child. According to their lawsuit, they developed an “intensely strong emotional bond” during pregnancy and after birth.
“They have fallen in love with this child,” Scarola told the Orlando Sentinel. “They would be thrilled in the knowledge that they could raise this child. But their concern is that this is someone else’s child, and someone could show up at any time and claim the baby and take that baby away from them.”
The couple states they are willing to raise the child but feel a legal and moral obligation to return her to her biological parents if those parents come forward.
What California Families Should Know About Fertility Clinic Accountability
If you’re a California resident considering or currently undergoing fertility treatments, this case underscores the importance of:
How California Probate and Trust Can Help Protect Your Family
While this case involves fertility treatment, it raises broader questions about family protection and legal planning that California residents face every day. When medical errors, custody disputes, or unexpected family situations arise, having experienced legal counsel is essential.
At California Probate and Trust, PC, we help California families navigate complex legal situations involving family rights, estate planning, and asset protection. Whether you’re planning for your family’s future or facing an unexpected legal challenge, our compassionate team provides the transparency and expertise you need.
Schedule Your Free Consultation
If you’re concerned about protecting your family’s legal rights—whether related to estate planning, family law, or complex medical situations—we’re here to help. Contact California Probate and Trust, PC today for a free consultation with our experienced attorneys.
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on publicly reported details of a Florida case and should not be construed as legal counsel for any specific situation. California Probate and Trust, PC does not practice fertility law or medical malpractice law. If you are facing a fertility clinic error or medical negligence issue, you should consult with an attorney who specializes in those specific areas of law. Every legal situation is unique, and you should seek qualified legal counsel for advice tailored to your individual circumstances.