Lawyers represent the biological parents of a Florida baby girl who was born as a result of an IVF mix-up, expressing that they are “heartbroken” and would have wanted to seek custody of the child.
“They are devastated by the situation, and they recognize that the birth couple is also experiencing pain,” noted Rob Marcelleau, an attorney for the genetic parents of six-month-old Thea.
Marcelleau mentioned, “They made the incredibly difficult choice not to pursue custody.”
Recently, Tiffany Score and Stephen Mills reached an agreement regarding custody with Thea’s biological parents, pledging to be the baby girl’s “perpetual” guardians.
Score and Mills filed a lawsuit against the Orlando Fertility Center and its leading reproductive endocrinologist, Dr. Milton McNicol, earlier this year, alleging that the wrong embryo was implanted back in April 2025.
The couple, both white, realized there had been a mix-up when Score gave birth to “non-white” Sia on December 11, 2025.
A subsequent DNA test revealed that Sia is entirely South Asian.
Although the biological parents would have wanted to raise the infant, they recognized the complexity of a potential legal struggle, which Marcelleau highlighted as a significant concern.
Despite their wishes, they did not believe that fighting for custody would serve Sia’s best interests.
The agreement to transfer custody was reached after several emotional meetings filled with “a lot of tears and hugs,” according to Marcelleau.
The biological parents intend to pursue legal action against the clinic and the doctor for compelling them to make this “painful” choice, the lawyer added.
Meanwhile, Jack Scarola, the attorney for Score and Mills, stated that his clients are open about their identities while remaining committed to safeguarding the privacy of Sia’s genetic parents.
Scarola emphasized that their clients are working to cultivate a bond of friendship and trust with the other couple.
Additionally, Score and Mills informed the judge about choosing a new medical facility for upcoming IVF treatments, with plans to transfer their embryos there.
According to court documents filed in Orange County, the embryos will undergo testing for parentage, and “next steps will be determined.”
An Orlando fertility clinic has announced that it will close by May 20 after careful consideration.
Marcelleau did not respond immediately to a request for comment.
