Florida Couple Sues Fertility Clinic After IVF Embryo Mix-Up
A Florida couple has filed a lawsuit against a fertility clinic and a physician, alleging that the wrong embryo was implanted during their in vitro fertilization treatment and that the child born as a result is not genetically related to either parent.
According to court filings, the couple, identified as John Doe and Jane Doe to protect their privacy, sought fertility treatment through IVF Life Inc., which operates as the Fertility Center of Orlando, and Dr. Milton McNichol, a physician licensed to practice medicine in Florida. The couple states that they contracted with the clinic to create and store three embryos using their own genetic material. One embryo was selected for implantation in March 2025. Jane Doe carried the pregnancy to term and gave birth to a healthy baby girl on December 11, 2025.
The complaint alleges that concerns arose shortly after the birth because the child’s physical characteristics did not match either parent’s race. Genetic testing later confirmed that the child has no biological relationship to either parent. The filing states that the embryo implanted during the IVF procedure was not one of the embryos created by the couple.
The lawsuit also alleges that the couple’s own embryos may have been transferred to another patient without their knowledge. The parents argue that this possibility creates an urgent need for disclosure and genetic testing to determine whether a child biologically related to them has already been born or is currently in someone else’s care.
Instead of seeking immediate financial damages, the parents are asking the court to issue emergency injunctive relief. They are requesting an order requiring the clinic to notify certain patients who had embryos in storage at the time of the implantation and to provide clinic-paid genetic testing for patients and children connected to embryo transfers over the past five years while the clinic had custody of the couple’s embryos. The filing also seeks a verified accounting of what happened to the couple’s three embryos and asks the court to retain jurisdiction to consider damages at a later stage.
Emergency injunctive relief is a legal remedy used when a delay is alleged to cause ongoing harm that cannot be addressed through monetary compensation alone. Courts evaluating such requests consider whether immediate urgency exists, whether other legal remedies are adequate, and whether harm is likely to continue without intervention. The parents argue that uncertainty over the child’s biological parentage and the unknown status of their own embryos constitutes harm that worsens with time.
The lawsuit is grounded in the legal duties fertility clinics owe to patients when handling embryos. Clinics operate under accepted medical standards of care and contractual obligations that require accurate tracking, labeling, storage, and verification of genetic material. Patients rely on these safeguards to ensure embryos are transferred as directed. The complaint argues that a failure to follow these standards resulted in a serious error with lasting consequences.
Disputes involving embryos are addressed through a combination of contract law, medical negligence principles, and privacy rights. Under Florida law, embryos are not treated as legal persons. Instead, courts evaluate how agreements between patients and clinics were formed and carried out, whether providers met professional standards of care, and whether patients’ rights were violated. When an embryo mix-up leads to the birth of a child, courts apply those legal frameworks while addressing highly sensitive circumstances.
The filing states that the parents formed a strong emotional bond with the child during pregnancy and after birth. At the same time, the complaint argues that legal and ethical considerations support identifying and reuniting the child with her biological parents if they can be located and are able to care for her. The parents also argue that they have a right to know whether their own embryos resulted in children now being raised by others.
Lawsuits involving embryo handling errors often reach the courts because assisted reproductive technology operates within a fragmented legal framework, relying largely on private contracts and medical standards rather than comprehensive regulation. When mistakes occur, judges are asked to resolve disputes that combine medical negligence, contractual duties, and family interests in cases like this one.
