A newly filed civil lawsuit is adding to mounting legal pressure on a Central Florida fertility clinic already under scrutiny in an unrelated embryo mix-up case.
Court records show a complaint was filed for a “Jane Doe” on March 19 in Seminole County Circuit Court against Fertility Center of Orlando, IVF Life Inc., IVF Orlando Inc., reproductive endocrinologist Dr. Milton McNichol, and two intended parents identified under pseudonyms. The 72-page lawsuit alleges negligence, medical malpractice, exploitation of a vulnerable adult, and failure to obtain informed consent in connection with a 2024 surrogate pregnancy.
The filing comes after a separate litigation involving IVF Life and Dr. McNichol, in which a Brevard County couple discovered through genetic testing that the child they delivered via IVF was not biologically theirs. That case has triggered a court-ordered investigation into embryo handling practices and recordkeeping at the clinic.
In the newly filed lawsuit, Jane Doe — represented by her mother under power of attorney — alleges she was improperly approved and used as a surrogate despite a long history of serious mental illness, including multiple involuntary mental health commitments dating back more than a decade. The complaint claims Doe lacked the psychological capacity to consent to surrogacy and that the defendants failed to conduct proper evaluations before proceeding with embryo transfer.
According to the filing, an embryo was transferred into Doe in October 2024. The lawsuit alleges the embryo carried thanatophoric dysplasia, a fatal genetic condition. The complaint claims appropriate genetic testing was not performed or was inadequately reviewed prior to implantation.
Doe alleges she experienced severe pregnancy complications, including excessive amniotic fluid, bleeding, painful contractions, hospitalization, and gestational hypertension. The lawsuit states the infant died shortly after birth, but alleges Doe was never allowed to see the baby and that the remains were quickly taken out of the country.
The complaint further alleges that inconsistencies between the baby’s birth certificate, which listed Doe as the mother, and the death certificate, which identified the intended parents, contributed to ongoing psychological distress. The filing states Doe continues to believe the child may still be alive.
The lawsuit accuses the fertility clinic entities and Dr. McNichol of failing to place Doe’s health above financial considerations, failing to conduct adequate psychological screening, and proceeding with embryo transfer despite what the complaint characterizes as obvious red flags. It also asserts claims of battery, arguing that performing the embryo transfer without valid informed consent constituted unlawful physical contact.
The intended parents named in the case are accused of exploiting a vulnerable adult and breaching a surrogacy contract. According to the lawsuit, Doe was promised more than $22,000 in compensation but received only a portion of that amount. The complaint alleges the intended parents used Doe’s financial hardship and family relationship to convince her to act as a surrogate and failed to disclose her mental health history to medical providers.
Several claims in the lawsuit are brought under Florida’s Adult Protective Services Act, asserting that Doe qualifies as a vulnerable adult and that multiple defendants stood in positions of trust while benefiting financially or materially from the surrogacy arrangement.
While the lawsuit is separate from the embryo mix-up case previously reported, both matters involve overlapping defendants and have raised broader questions about IVF safeguards, patient screening, record accuracy, and oversight at the clinic.
