A significant development in the Central Florida embryo mix-up case is giving long-awaited answers while also introducing new uncertainty for the families involved.<\/p>\n
At the center of the case is Baby Shea, whose biological parents has now been confirmed through laboratory testing. While the child is currently in the custody of her birth parents, Tiffany Score and Steven Mills, a critical question remains unresolved: who will ultimately have legal custody moving forward?<\/p>\n
Attorneys who specialize in this field of law told Channel 9 the case is unlike anything Florida courts have faced before.<\/p>\n
Attorney Ashley Ann Clement, who specializes in medical malpractice law, says there is no clear legal precedent in the state to guide the outcome.<\/p>\n
\u201cIt\u2019s unprecedented,\u201d Clement explained. \u201cThere are not any appellate decisions that really provide any kind of guidance on this.\u201d<\/p>\n
Because of this, courts in Florida may look to similar embryo mix-up cases in other states for direction. Historically, U.S. courts have often favored biological\u2014or genetic\u2014parents over birth parents in custody disputes, Clement said.<\/p>\n
Krystena Murray, a Georgia woman, gave birth to a baby boy in 2023, only to discover he was not biologically hers. The child\u2019s biological parents filed for custody, and Murray was ultimately advised she had little chance of winning in court. She later gave up the baby.<\/p>\n
However, Clement emphasizes that genetics alone will not determine the outcome in Baby Shea\u2019s case.<\/p>\n
\u201cThe central question is: whose embryo was this? But also, who intended to parent this child\u2014not just create the embryo, but raise the child? And above all, what is in the best interest of the child?\u201d<\/p>\n
That \u201cbest interest\u201d standard is expected to play a major role as the case unfolds, Clement said.<\/p>\n
In a February interview with ABC News, the attorney representing the birth parents, Tiffany and Steven, said the couple is preparing for all possible outcomes.<\/p>\n
\u201cThey are as prepared as anyone could be under these circumstances,\u201d Jack Scarola said. \u201cAnd they\u2019re hoping that, on the other side of this difficult issue, the same attitude prevails\u2014allowing them to be united with any child that belongs to them.\u201d<\/p>\n
The case has also raised another question for the couple: the whereabouts of their remaining embryos. It has been five years since those embryos were retrieved. The couple hopes to get answers in this ongoing court case.<\/p>\n
Click here<\/a> to download our free news, weather and smart TV apps. And click here<\/a> to stream Channel 9 Eyewitness News live.<\/p>\n
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