LONGWOOD, FLORIDA — Tiffany Score and Steven Mills reached a custody agreement with the biological parents of their daughter, Shea, allowing the biological parents to retain custody of the infant. This agreement followed genetic testing which revealed that Shea was not genetically related to the couple.

Shea was born in December to Score and Mills, who are white. The couple underwent in vitro fertilization at the Fertility Center of Orlando in Longwood, Florida. Genetic testing later showed that Shea is 100% South Asian. Score and Mills filed a lawsuit against the clinic after genetic testing revealed Shea was not genetically related to them. The lawsuit claims they pursued genetic testing because the infant displayed the physical appearance of a racially non-Caucasian child. The biological parents were located in April.

Attorney Rob Marcereau, representing Score and Mills, said, "The last several months have been devastating for my clients." Marcereau said, "They had to make the heartbreaking decision to not fight for custody." He added, "It would have been an incredibly uphill legal battle, and they just didn’t feel that that was going to be what was in the best interest of Shea." Marcereau said, "It is inexcusable." Attorney Mara Hatfield said, "They have begun and intend to continue to foster a relationship of friendship and trust with the baby's biological parents."

Court filings show the defendants, the clinic and lead reproductive endocrinologist Dr. Milton McNichol, did not dispute that Shea should be, but is not, the genetic child of the couple. Score and Mills produced and stored three viable embryos at the clinic. The clinic stated that one viable embryo remains in storage. The clinic has since closed. The biological parents also intend to file a lawsuit against the clinic and McNichol. Embryo mix-ups involving in vitro fertilization have been reported in a limited number of cases across the U.S.