Florida couple looks for daughter's biological parents after IVF error: 'We love our little girl’

SEMINOLE COUNTY, Fla. - A Florida mom gave birth to a baby that wasn't genetically hers. Now, the Florida couple is suing the fertility clinic they hold responsible for this mix-up.

What we know:

In what's being called a "fertilization error," a Florida couple is suing an IVF clinic and a physician, alleging a doctor implanted the wrong embryo during fertility treatment, resulting in the mother giving birth to a baby who is not genetically theirs.

The lawsuit names the Fertility Center of Orlando 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 a different ethnicity than the parents. 

Now, attorneys for the family are seeking an emergency injunction, requiring the clinic to preserve records, notify potentially affected patients and begin immediate genetic testing.

‘We love our little girl’ 

The mother first underwent an embryo transplant in April 2025 – giving birth to a girl in December. 

Genetic testing confirmed that their daughter is not genetically theirs. 

"We love our little girl, and if possible, we would hope to be able to continue to raise her ourselves with confidence that she won’t be taken away from us," the family said in a released statement. "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 are provided the option to raise her as their own."

What's next:

It's not known who the baby's biological parents are.

The couple said despite assistance from the clinic, there's hope that they'll be able to introduce their daughter to her biological parents. The couple is also looking to find what happened to their genetic child. 

The fertility clinic responds

Fertility Center of Orlando is conducting an investigation to determine the source of the "error" that resulted in a mom giving birth to a child not genetically related to her, the clinic said in a statement to FOX 35. 

The statement, released on Jan. 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. 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."

What does Florida law say? 

Under Florida law, the child’s legal parents are typically the genetic mother and father, not the woman who gave birth, legal experts said.