In January, the couple filed a lawsuit against Dr. Milton McNichol, the chief reproductive endocrinologist at the Fertility Center of Orlando, for allegedly implanting the incorrect embryo in April 2025

The biological parents of a girl born to another couple after an IVF mistake in Florida are said to be heartbroken and would have fought for custody, their attorney said.

“They are heartbroken over what has happened, and they also understand that the birth couple are also suffering,” Rob Marcereau, the lawyer for the genetic parents of 6-month-old baby Shea, told NBC News. “They had to make the heartbreaking decision to not fight for custody,” Marcereau said.

After reaching a "mutually devised custody agreement" with Shea's biological parents last week, Tiffany Score and Steven Mills pledged to be the infant girl's "permanent" parents. In January, Score and Mills filed a lawsuit against Dr. Milton McNichol, the chief reproductive endocrinologist at the Fertility Center of Orlando, for allegedly implanting the incorrect embryo in April 2025.

After Score gave birth to a "non-Caucasian" Shea on December 11, 2025, the couple—who are both white—discovered the embryo mix-up. Shea's 100% South Asian heritage was eventually verified via DNA testing.

Although they knew it "would have been an incredibly uphill legal battle," Marcereau added that her biological parents would have wanted to retain the baby as their own.

However, the pair believed that Shea would not benefit from the custody dispute. The decision to give Score and Mills custody was worked out during a number of meetings during which the couples "shared a lot of tears and hugs," according to Marcereau.

The lawyer also stated that Shea's biological parents plan to sue the clinic and the physician for making them make this "agonizing" choice.

Jack Scarola, the attorney for Score and Mills, stated that his clients "are committed" to protecting the privacy of Shea's biological parents, who have so far kept their identities a secret.

According to Scarola, "they have begun and intend to continue to foster a relationship of friendship and trust" with the other couple.

According to court documents filed in Orange County court last Friday, Score and Mills also told the judge that their embryo had been transferred to a new medical facility that would handle any further IVF.

According to the document, they will "determine next steps" after testing the embryo for parentage. The Fertility Clinic of Orlando earlier announced that it would close on May 20 following "thoughtful consideration."

Clinics adopt strict, multi-step procedures to protect specimens and prevent confusion because IVF necessitates handling microscopic materials.

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In less than 0.1% of all cycles, laboratory errors involving IVF embryos—such as mix-ups, loss, or contamination—occur. Although precise global statistics are difficult to get, evidence indicates that more than 99.9% of IVF procedures go through without any mechanical or human faults, according to ScienceDirect.com, an online database of peer-reviewed science articles.