Couples going through in vitro fertilization and giving birth to babies that are not genetically theirs happens, “more than we know,” according to one Florida attorney who specializes in fertility cases.
Coral Springs attorney Andrew Rader specializes in fertility law, although he is not involved in a Central Florida lawsuit where a couple is suing an IVF clinic and the doctor who runs it after the woman gave birth to a baby that is not genetically theirs. Rader said the only reason questions were raised was because the baby in this case was a different ethnicity than the parents.
“If the baby hadn’t come out ethnically different from the parents, nobody would have asked if this was their baby,” Rader said in an interview with USA Today Network. “Why would they? You’re so excited to have this baby. It would never occur to you that it’s not yours.”
He is now fielding numerous calls from potential clients worried about the handling of their genetic material or questioning if their child is biologically theirs.
“Everybody feels like everything is being done right until you find out it’s not,” Rader said.
Lack of regulations in the IVF industry can lead to embryo mixups
A big issue is the lack of regulations in the IVF industry, according to Rader.
Agencies like Society for Assisted Reproductive Technology and American Society for Reproductive Medicine have guidelines on how to handle genetic material and embryo storage, but there are insufficient regulations in place. That means each clinic can decide how they keep track of women’s eggs, couple’s embryos or other genetic material.
Rader’s suggestions for regulations include:
Rader also advises people to only work with clinics that are members of Society for Assisted Reproductive Technology, which requires clinics to meet certain criteria to be members. IVF Life in Orlando was not a SART member.
If a problem does arise, like the Central Florida case, a clinic has to self report the issue, which reflects poorly on the business. There’s also the fact that the clinic might not even realize a mistake was made.
“If a white family gave birth to a white baby, the clinic might not know there was a mixup,” Rader said.
What is the statute of limitations in Florida for medical malpractice?
Another issue is the statute of limitations in Florida for medical malpractice is typically two years but can be four. Rader said many times patients don’t realize their genetic material is missing or there is a problem until after the statute of limitations has passed, leaving them with little to no legal options.
“My hope is that parents get what they deserve, which is a dependable system where they can have confidence that their material is being handled appropriately and it will be there when they want it.”
What is the status of the Florida IVF clinic being sued for an embryo mixup?
Dr. Milton McNichol, the doctor who runs IVF Life, is being sued by a couple after the woman gave birth in December 2025 and it was determined the baby was not genetically related to her or her partner.
It’s believed the embryo mix-up happened six years ago when Tiffany Score had her eggs removed and joined with Steven Mills’ sperm through in vitro fertilization and resulted in embryos that were later frozen. Attempts are being made to determine the biological parents of the baby, and to determined what happened to Score and Mills’ remaining embryos.
In a recent court hearing, it was revealed that McNichol is selling his clinic as of May 1. The new owners have not been revealed.
McNichol also is being sued by a woman who claims she was used as a surrogate despite being “severely mentally ill.” Rader is the attorney representing the surrogate.
Michelle Spitzer is a journalist for The USA TODAY NETWORK-FLORIDA. As the network’s Rapid Response reporter, she covers Florida’s breaking news. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY, at https://floridatoday.com/newsletters.
This article originally appeared on Florida Today: Attorney says ‘no question’ embryo mixups happen more than we know
Reporting by Michelle Spitzer, USA TODAY NETWORK – Florida / Florida Today
USA TODAY Network via Reuters Connect
