Florida Couple Sues IVF Clinic After DNA Test Reveals Baby Isn't Theirs

The couple also fears that another person may be pregnant with or raising one or more of their own embryos or children.

Published on Jan. 30, 2026

A Florida couple has filed an emergency lawsuit against a fertility clinic, alleging their newborn child is not genetically related to either of them after an in vitro fertilization (IVF) procedure. The couple used their own egg and sperm to create three viable embryos at the clinic, and one was implanted in the woman, resulting in a successful full-term pregnancy. However, genetic testing confirmed that the baby has "no genetic relationship to either of the Plaintiffs," indicating the implanted embryo was not one of the couple's. The couple is seeking emergency injunctive relief, asking the court to compel the defendants to take several actions, including notifying all patients who had embryos in storage before the implantation and providing free genetic testing for all patients and their children whose births resulted from embryo implantation through the defendants' services over the past five years.

Why it matters

This case highlights the critical importance of accurate and reliable IVF procedures, as well as the emotional and legal challenges that can arise when there are errors or mix-ups. It raises concerns about the potential for other patients to be affected and the need for greater transparency and accountability in the fertility industry.

The details

According to the complaint, the couple used their own egg and sperm to create three viable embryos at the Fertility Center of Orlando. In March 2025, one of the embryos was implanted in the woman, resulting in a successful full-term pregnancy. However, the parents became suspicious when the baby displayed physical characteristics that did not match their own Caucasian background. Genetic testing subsequently confirmed that the baby has "no genetic relationship to either of the Plaintiffs," indicating the implanted embryo was not one of the couple's. The couple is now seeking emergency injunctive relief, asking the court to compel the defendants to take several actions, including notifying all patients who had embryos in storage before the implantation and providing free genetic testing for all patients and their children whose births resulted from embryo implantation through the defendants' services over the past five years.

  • In March 2025, one of the couple's embryos was implanted in the woman.
  • On Dec. 11, 2025, the couple's healthy female child, Baby Doe, was born.
  • On Jan. 5, 2026, the couple notified the defendants, requesting cooperation to unite Baby Doe with her genetic parents and to determine the disposition of their remaining embryos.

The players

John and Jane Doe

The Florida couple who filed the emergency lawsuit against the fertility clinic.

IVF Life, Inc. D/B/A Fertility Center of Orlando

The fertility clinic that the couple is suing.

Dr. Milton McNichol, M.D.

The doctor named in the lawsuit against the fertility clinic.

Baby Doe

The newborn child of the couple, who genetic testing has confirmed is not genetically related to either of them.

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What’s next

The judge in the case will decide on whether to grant the couple's request for emergency injunctive relief, which includes compelling the defendants to notify all patients who had embryos in storage before the implantation and provide free genetic testing for all patients and their children whose births resulted from embryo implantation through the defendants' services over the past five years.

The takeaway

This case highlights the critical importance of accurate and reliable IVF procedures, as well as the need for greater transparency and accountability in the fertility industry. It raises concerns about the potential for other patients to be affected by similar errors and the emotional and legal challenges that can arise when there are mix-ups with embryos or children.