A Florida couple whose daughter was born after an apparent IVF embryo mix-up will keep the infant despite having no genetic relationship with her, after reaching a custody agreement with the child’s biological parents.
According to court records cited by NBC News, Tiffany Score and Steven Mills and the baby’s biological parents agreed that the couple would remain the girl’s permanent custodial parents.
The biological parents, identified only as Patient 004 in court documents, have not been publicly named.
How was the IVF mix-up discovered?
Score and Mills sued the Fertility Center of Orlando and its lead reproductive endocrinologist in January after learning that the baby Score gave birth to in December was not genetically related to either parent.
According to their lawsuit, the couple sought genetic testing after their daughter “displayed the physical appearance of a racially non-Caucasian child.” Their attorney later said the results showed the baby, named Shea, was 100% South Asian.
The legal action prompted efforts to identify the embryo’s biological parents. In April, the couple’s attorneys confirmed that the family had been located, although their identities have remained confidential.
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What does the custody agreement mean?
In a court filing, attorney Mara Hatfield said both families had “come to a mutually devised custody agreement” recognizing Score and Mills as Shea’s “permanent custodial parents.”
The filing did not disclose additional details of the arrangement.
Rob Marcereau, the attorney representing Shea’s biological parents, said they intend to remain involved in the child’s life while recognizing the unusual circumstances surrounding the case.
“They intend to remain a part of this child’s life, while recognizing the impossible situation that both families have been placed in, through no fault of their own,” he said.
During a court hearing, Circuit Court Judge Margaret Schreiber welcomed the agreement, saying she was glad the families had reached a resolution while the child was still very young.
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Couple says they formed a bond before birth
Since the mix-up came to light, Score and Mills have repeatedly said they wanted to continue raising Shea.
In their lawsuit, they said they developed an “intensely strong emotional bond” with the child beginning during pregnancy. After Shea’s biological parents were identified, the couple also said they would “love and will be this child’s parents forever.”
In a statement released through their attorney after the custody agreement, the couple said they were committed to respecting the privacy of Shea’s biological parents while continuing to build “a relationship of friendship and trust” with them.
