The Fertility Center of Orlando has ceased operations following a significant mix-up involving the implantation of one couple's embryo into another woman, leading to a custody agreement for the child born from the procedure. This incident has brought to light concerns about the regulation and oversight of the multi-billion dollar U.S. fertility industry.
Tiffany Score and Steven Mills, a couple from Florida, sought fertility treatment at the center in 2020. They welcomed a daughter, Shea, in December 2025. However, they soon noticed their baby's physical characteristics did not match theirs. Genetic testing confirmed Shea was not biologically theirs, but rather of South Asian descent, while Score and Mills are Caucasian. The investigation revealed that an embryo belonging to another couple had been transferred into Score's uterus.
The clinic, led by Dr. Milton McNichol, faced allegations of negligence and sloppy practices, including the use of handwritten labels on sensitive materials. The lawsuit filed by Score and Mills in January 2026 highlighted fears that one of their own frozen embryos might have been transferred to another woman. The couple expressed their love for Shea but also acknowledged a moral obligation to find her biological parents.
In the midst of the legal proceedings, the clinic's parent company, IVF Life, encouraged patients to transfer their care to CNY Fertility, which appeared to be a new name for the same laboratory and facility led by Dr. McNichol. The Fertility Center of Orlando officially announced its closure in early April.
Legal and Ethical Entanglements
Following the discovery of Shea's biological parents, identified as 'Patient 004,' a South Asian couple who had also used the clinic, the situation became more complex. Both couples had invested hopes for a child in the fertility process. While Florida law historically favors the birth mother in custody matters, the case presented a unique challenge.
Ultimately, Score and Mills reached a custody agreement with Shea's biological parents, recognizing Score and Mills as the permanent custodial parents. Attorneys for the biological parents stated that while they would have preferred full custody, legal precedents and the child's existing bond with Score and Mills influenced their decision not to pursue a lengthy court battle. The biological parents intend to remain part of Shea's life.
Circuit Court Judge Margaret Schreiber expressed support for the agreement, noting the benefit of resolving the issue while the child is young.
Broader Industry Concerns
This incident is not isolated. Dr. McNichol himself has faced at least two other lawsuits, including accusations of ruining a patient's frozen sperm and using a mentally ill woman as a surrogate, resulting in the baby's death. Previously, Dr. McNichol had been reprimanded by Florida's Board of Medicine for equipment and sterilization violations. The clinic also filed for Chapter 11 bankruptcy protection owing over $900,000.
Experts warn that the fertility industry operates in a largely under-regulated environment. Unlike many other medical fields, embryology labs are not subject to federal inspection, and many U.S. states lack specific licensing requirements for fertility clinics. A 2019 study indicated that a significant number of doctors involved in fertility treatments have used their own sperm to impregnate patients. Another case in Georgia last year saw a woman give birth to a child who was not genetically hers, with the court siding with the biological parents, forcing her to relinquish the child.
Data from the past five years reveals hundreds of lawsuits related to lost, destroyed, or swapped embryos, eggs, or sperm. The U.S. fertility industry is estimated to be worth at least $6 billion annually, with the number of babies born via assisted reproductive technologies quadrupling between 1996 and 2022.
Despite criticisms, the IVF industry maintains that errors are no more common than in other medical fields. However, critics point to a lack of federally mandated protocols designed to reduce errors. Dr. McNichol, who continues to treat patients as an employee at CNY Fertility, acknowledged the severity of such errors, stating, "It is horrible. It's absolutely horrible. Not only do you let yourself down, you let your staff down, you let the couple down."