Couple files lawsuit after alleged IVF mix-up at Florida clinic

A couple has filed an emergency lawsuit against their Florida fertility clinic, alleging that the staff implanted the wrong embryo during an IVF transfer, resulting in the couple giving birth to a child who is not biologically theirs.

Key Takeaways:

• A couple has filed a lawsuit against a Florida fertility clinic after they gave birth to a baby girl who was not biologically theirs in December 2025.

• The couple says they have formed a "deep emotional bond" with the baby, but believe she should be reunited with her biological parents.

• They also worry that their own embryos may have been implanted into another woman.

• The tragic case reveals one of the many problems that can occur with IVF.

The Details:

The couple, identified only as "John and Jane Doe," began working with Fertility Center of Orlando in March 2025. Around that time, the clinic implanted Jane with an embryo, believed to be created from her egg and John's sperm.

In December 2025, Jane Doe gave birth to the child, described in the lawsuit as a “beautiful, health female child.” The couple, who are Caucasian, began to be suspicious when the baby had physical characteristics that were not Caucasian. They ordered genetic testing, which revealed that the baby has "no genetic relationship to either of the Plaintiffs."

John and Jane Doe have now filed an emergency lawsuit against IVF Life, Inc. D/B/A Fertility Center of Orlando and Dr. Milton McNichol, M.D

In the lawsuit, the couple expressed a "deep emotional bond" with the baby, but they believe she should be reunited with her true parents.

"[The couple] would willingly keep her in their care; however, for the sake of both Baby Doe and her genetic parents, they recognize that Baby Doe should legally and morally be united with her genetic parents so long as they are fit, able, and willing to take her," the lawsuit says.

The couple have also expressed concern that their embryos may have wrongfully been given to someone else.

The two “have an equally compelling right to be fully informed of the disposition of their own embryos and to be relieved of the ever-increasing mental anguish of not knowing whether a child or children belonging to them are in someone else’s care,” the lawsuit continues.

The couple claimed that they reached out to the fertility clinic prior to going public with the lawsuit in order to determine how to proceed with reuniting the baby with her biological family, but received no response.

Fertility Center of Orlando issued a statement following news of the lawsuit:

We are actively cooperating with an investigation to support one of our patients in determining the source of an error that resulted in the birth of a child who is not genetically related to them. Multiple entities are involved in this process, and all parties are working diligently to help identify when and where the error may have occurred.

Our priority remains transparency and the well-being of the patient and child involved. We will continue to assist in any way that we can regardless of the outcome of the investigation.

Zoom In:

In their lawsuit, the couple is seeking emergency injunctive relief, requesting that the court compel the clinic to do the following:

• Inform all affected patients of the incident in order to find Baby Doe's parents or determine if any patients erroneously received one of the Does' embryos

• Provide free genetic testing for all patients and the children born through IVF procedures at the clinic over the past five years.

• The clinic must disclose if genetic testing reveals any further IVF mix-ups have occurred at its facility.

Why It Matters:

The unfortunate case underscores one of the many problems with IVF — mix-ups like this one can occur, and the impact has a wide-ranging ripple effect.

The newborn at the center of the case is the most affected, as she either remains with a family who has no biological ties to her, or she is permanently separated from the only parents she has ever known to return to her true parents, who are strangers to her.

Studies have shown that taking babies from their birth mothers — whether they are biologically related or not — causes immense trauma for the child and can permanently alter her adult brain function later in life. While adoption seeks to heal the trauma that results when a birth mother feels unable to raise her child and lovingly selects a family to raise her baby, IVF carries the potential for such a mix-up, which causes trauma for the child, as well as the birth parents and the biological parents.

As the lawsuit notes, there is also the possibility that someone else is pregnant with John and Jane Doe's biological children, further extending the mess to involve more families potentially torn apart.

Go Deeper:

IVF mix-ups like this one are unfortunately not uncommon. Live Action News has covered more of these incidents, including the following:

IVF mixup leads to agonizing situation for toddler, her birth parents, and her biological parents

DNA test on 12-year-old stunningly reveals IVF mix-up: ‘No one should have to face this’

Heartbroken woman sues fertility clinic after giving birth to wrong baby in IVF mix-up

California couple sues after giving birth to another couple’s baby in IVF mixup

Despite IVF mixup, court rules ‘Baby Sophie’ will not be placed with biological parents