Central Florida couple sues Orlando-area fertility clinic after DNA test shows newborn is not theirs

Lawsuit seeks emergency court orders after IVF mix-up allegation

A Central Florida couple has filed an emergency civil lawsuit alleging a fertility clinic implanted the wrong embryo, resulting in the birth of a child who is not genetically related to either parent. The case, filed in Palm Beach County Circuit Court, names the clinic operator, IVF Life Inc. (doing business as the Fertility Center of Orlando), and physician Milton McNichol, M.D., as defendants.

In the court filing, the couple is identified as John and Jane Doe. They state they pursued in vitro fertilization (IVF) using their own egg and sperm and that three viable embryos were created and stored through the clinic’s services. The filing alleges that one embryo was implanted in March 2025 and the pregnancy progressed to term.

Timeline outlined in the complaint

• March 2025: An embryo transfer is alleged to have taken place.
• Dec. 11, 2025: The couple’s baby girl was born, described in filings as healthy.
• Early January 2026: The couple reports raising concerns with the clinic and pursuing genetic testing.
• Jan. 9, 2026: The lawsuit was filed seeking expedited relief.

The plaintiffs say they became concerned after observing physical traits they did not expect based on their own backgrounds. They state DNA testing later showed the child has no genetic relationship to either of them, which they argue indicates an embryo mix-up.

What the couple is asking the court to do

Rather than limiting the case to financial damages, the lawsuit seeks immediate injunctive relief intended to identify where the error occurred and to address potential impacts on other patients. Among the requests:

• Prompt notification to patients who had embryos in storage before the implantation date described in the complaint.
• Clinic-funded genetic testing for certain patients and children born following embryo implantation through the clinic over a multi-year period.
• Disclosure of any parentage discrepancies identified through that testing.

The couple also asks for steps aimed at determining what happened to their own embryos and whether another patient may have been implanted with one or more of them.

Legal questions likely to shape the dispute

The allegations raise complex questions about parentage, patient notification duties, recordkeeping, and the handling of reproductive tissue. Florida law contains provisions addressing assisted reproduction, including rules governing donation and gestational arrangements, but embryo mix-up disputes often turn on case-specific facts: consent documents, laboratory identification procedures, chain-of-custody records, and how and when clinics notify patients about possible errors.

The case also places unusual urgency on the court: decisions about genetic testing, disclosure to other patients, and potential identification of the child’s genetic parents can have immediate consequences beyond traditional damages litigation.

Clinic response and what comes next

The Fertility Center of Orlando has said it is cooperating with an investigation to determine how the error occurred and has described multiple entities as being involved in the process. As of the most recent reporting date, the lawsuit’s emergency requests had been filed, and the next steps were expected to include court scheduling, responses from the defendants, and potential hearings on whether immediate orders will be issued while the broader case proceeds.