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What happens if a doctor uses their own sperm for artificial insemination?

On Behalf of | Nov 30, 2021 | Fertility, IVF |

When parents turn to fertility specialists to help them bring a child into the world, they are faced with many choices to give their family the best possible chance of having a happy, healthy baby. They may choose to use sperm provided by their partner or choose to work with a sperm bank when their partner struggles with fertility issues or has a high risk of hereditary health concerns.

However, as some high-profile news stories in recent years have shown, some doctors do not necessarily follow the plan laid out by those seeking fertility treatments. In some cases, doctors even perform artificial insemination with their own sperm without the consent of their patients. What options are available to parents who experience insemination fraud?

How common is insemination fraud?

While it can be difficult to determine how common fraud is in artificial insemination, this practice is more common than some may believe. In 1988, 2 percent of doctors admitted to using their own biological material for artificial insemination. As genetic testing becomes more common, some of these doctors are now known to have fathered dozens of children as a result.

Parents’ legal options depend on their location.

While fertility treatment has been a part of health care in the United States for decades, many states have only recently addressed fertility fraud specifically in their statutory laws. Indiana, California and Texas have recently enacted statutes that expressly prohibit the use of a doctor’s own sperm for insemination.

The legal landscape for fertility treatment is constantly evolving, and people who have experienced insemination fraud may be able to hold their fertility doctor responsible for this misconduct. However, because of the different laws at play in these cases, they may want experienced guidance while they explore the legal options available to them.