The Brief
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A Florida couple is seeking a fertility clinic after a mother gave birth to a baby that wasn’t genetically theirs.
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The couple said they became concerned after their daughter appeared to be of a different ethnicity.
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The couple is now looking for her daughter’s biological parents.
SEMINOLE COUNTY, Fla. – Two Florida parents have filed a lawsuit against an Orlando fertility clinic after they delivered someone else’s baby. The lawsuit alleged that there was a mix-up during the IVF process and that the woman was implanted with someone else’s embryo.
While the couple wants to raise their daughter, they are also looking for the girl’s genetic parents, FOX 35 has learned.
What we know
In what is being called a “fertilization error,” a Florida couple is suing an IVF clinic and a doctor, alleging that a doctor implanted the wrong embryo during fertility treatment, causing the mother to give birth to a child that is not genetically theirs.
The lawsuit names the Orlando Fertility Center in Longwood and Dr. Milton McNichol.
According to the filing, the couple became concerned after their daughter, who was born in December, appeared to be of a different ethnicity than the parents.
Now, attorneys for the family are seeking an emergency injunction, which would require the clinic to preserve records, notify potentially affected patients and begin immediate genetic testing.
‘We love our little girl’
The mother underwent an embryo transplant for the first time in April 2025 – she gave birth to a daughter in December.
Genetic testing confirmed that their daughter is not genetically theirs.
“We love our little girl, and if possible, we hope to be able to continue raising her ourselves with confidence that she will not be taken from us,” said the family in a statement released. “At the same time, we are aware that we have a moral obligation to find and notify her biological parents as it is in her best interest that her genetic parents be given the option to raise her as their own.”
What’s next
It is not known who the baby’s biological parents are.
The couple said that despite the assistance from the clinic, there is hope that they will be able to introduce their daughter to her biological parents. The couple is also looking to find out what happened to their genetic child.
The fertility clinic answers
The Orlando Fertility Center is conducting an investigation to determine the source of the “mistake” that resulted in a mother giving birth to a child not genetically related to her, the clinic said in a statement to FOX 35.
The statement, released on January 22, said, “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. we can, regardless of the outcome of the investigation.”
What does Florida law say?
Under Florida law, a child’s legal parents are typically the mother and genetic father, not the woman who gave birth, legal experts said.
The Source
Information in this story was gathered from a statement provided by the Orlando Fertility Center and documents filed in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County.