Walking into a fertility clinic requires immense vulnerability. You trust a doctor with something deeply personal: your future family.
For far too many patients, that trust has been completely shattered. This violation shakes everything they believed about their children, their history, and their own bodies.
Fertility fraud happens when a medical professional secretly substitutes their own genetic material for a chosen donor’s without your knowledge.
According to a report by Forbes, over 50 U.S. doctors have been caught doing this. New cases came to light as recently as 2023.
Because most of these acts occurred before at-home DNA tests were available, the actual numbers are likely much higher. FSLG works in reproductive law every day.
This simple guide covers what fertility fraud is, how to identify it, and your options.
- Sperm Substitution: A doctor secretly uses their own sperm, or another unapproved sample, instead of your chosen donor.
- Broader Clinic Fraud: Misconduct includes embryo theft, fake success rates, and billing fraud.
- Underreported Numbers: More than 50 U.S. doctors have been exposed. The true count is almost certainly higher.
- The DNA Catalyst: Services like Ancestry.com and 23andMe are the primary way victims discover the truth decades later.
- State Protections: At least 15 states have specific fertility fraud laws on the books.
- No Federal Law: Bipartisan federal bills like H.R. 451 and H.R. 3710 have been introduced. Neither has passed.
- Accountability Options: You can pursue civil lawsuits, criminal complaints, and licensing board actions. Timing matters.
What Is Fertility Fraud?
There is no single federal definition. Generally, it refers to any deliberate deception by a healthcare provider that violates your informed consent. The most common form involves a doctor secretly using his own sperm in place of your partner’s or a selected donor’s.
This violation is a profound breach of trust and bodily autonomy. Survivors describe it in the starkest terms. As one victim testified before Congress, some call it medical rape. It happens without your knowledge, agreement, or any possibility of consent.
Fertility fraud takes several forms beyond sperm substitution:
Unauthorized Sperm Use: A doctor uses his own sperm while claiming the sample came from your chosen donor.
Embryo Theft or Misuse: A clinic uses, sells, or transfers your embryos without your permission.
Donor Identity Fraud: Clinics lie about a donor’s identity, medical history, or genetic traits. Learn more about these vulnerabilities in our post on common issues with anonymous sperm donation.
Fake Success Claims: Clinics publish inflated numbers to attract patients.
Billing Scams: Charging you for procedures never performed or pushing unnecessary care.
Egg Theft: Stealing a patient’s eggs without consent, as seen in the infamous 1987 Garden Grove case involving Dr. Ricardo Asch.
How Common is Fertility Fraud?
It is more common than official records show. The full picture is still coming to light. Over 50 U.S. physicians have been publicly identified.
One doctor fathered 94 children this way. Another, Dr. Donald Cline of Indianapolis, conceived over 90 children with his own sperm. He told patients the donor was a medical student. His actions inspired the 2022 Netflix documentary Our Father. It also forced Indiana to pass the country’s first fertility fraud law.
Most documented cases happened between the 1970s and 1990s. Donor records back then were paper-based or nonexistent. The industry operated with almost no oversight. These cases are surfacing now because of a tool the doctors never anticipated: consumer DNA testing.
Dr. Donald Cline (Indiana): Used his own sperm roughly 50 times. DNA testing has identified over 90 biological children.
Dr. Morris Wortman (New York): Sued in 2021 by a patient’s daughter. Testing revealed she had at least nine half-siblings. Wortman died in 2023 while the lawsuit was pending.
Dr. Merle Berger (Massachusetts): Sued in 2023 by patient Sarah Depoian. She alleged the Harvard professor used his own sperm in 1980. Her daughter discovered the truth on Ancestry.com by matching with Berger’s granddaughter. Berger’s attorney denied the claims.
These are not isolated events. They are part of a broader pattern that technology is still uncovering. New cases emerge every year.
What the Law Says: State by State
The legal landscape has shifted dramatically since 2019. At least 15 states now have laws specifically targeting fertility fraud.
To see how these rules fit into broader parentage standards, review our guide on surrogacy laws and parental rights.
Here is where FSLG’s practice states stand:
| State | Law Status | What It Covers |
|---|---|---|
| California | Criminal + Civil | Criminalizes unauthorized use of reproductive tissue; grants a clear right to sue for victims and their kids. |
| Colorado | Criminal + Civil + Discipline | Criminalizes the act; victims can sue; providers can lose their medical license. |
| Florida | Criminal | Criminalizes use of unapproved tissue; conviction triggers immediate license suspension. |
| Texas | Criminal | Classifies unauthorized sperm use as felony sexual assault; this is one of the strongest penalties in the U.S. |
| Georgia | No Specific Statute | No specific law; victims must use general fraud or medical malpractice frameworks. |
| Oregon | No Specific Statute | No specific law; civil lawsuits are available under general fraud principles. |
| Washington | Criminal | Using your own genetic material without consent constitutes third-degree assault. |
Other states with active laws include Arkansas, Iowa, Kentucky, Nevada, North Dakota, and Ohio. New Jersey, Maryland, New York, and Oklahoma have bills under active consideration.
Navigating state-specific reproductive laws requires an experienced legal advocate on your side.
Contact Us TodayThe Federal Gap and Why It Matters
There is still no federal law specifically criminalizing fertility fraud. A doctor in a state without a specific statute faces civil liability at most. They can escape criminal charges entirely under the current law.
Federal prosecutors have used wire fraud or mail fraud laws to pursue some doctors. They can do this because the deception involves interstate communications. But these are workarounds, not real protections.
Two federal bills have been introduced to close this gap:
H.R. 451, Protecting Families from Fertility Fraud Act of 2023: This bill would make it a federal crime to lie about the source of DNA used in assisted reproduction. The penalty is up to 10 years in prison. Crucially, the timeline to sue starts when you discover the fraud through a DNA test, not when the act occurred. It did not receive a vote before the 118th Congress ended.
H.R. 3710, Fighting Fertility Fraud Act of 2023: This bill takes a fraud-based approach. It explicitly bans providers from giving false information about donor identities, medical history, or genetics.
Neither bill became law. Both were cleared from the books when the 118th Congress ended, though they can be reintroduced.
The practical reality: If you live in a state without a specific law, your doctor may face no criminal charges at all. A civil lawsuit might be your only path to justice. This makes consulting an attorney early critical.
Fertility Clinic Fraud Beyond Sperm Substitution
Fertility fraud is most often associated with doctor-sperm cases, but clinic-level misconduct takes other forms that affect patients just as seriously.
Some clinics advertise success rates far higher than their actual outcomes. They take advantage of patients desperate for hope. Others charge for procedures never performed or push unnecessary care to increase revenue.
In severe cases, like the 1987 Garden Grove incident, embryos and eggs have been stolen and sold to other clients.
Understanding what legal rights egg donors and recipients hold is an important baseline if you suspect misconduct. Knowing these distinctions helps safeguard single parents and diverse families navigating clinic files. Reviewing your options for single-parent surrogacy is equally vital to ensuring comprehensive protection.
If you believe a clinic overcharged you, misled you about success rates, or misused your genetic material, you may have an actionable claim.
What Victims Can Do
If you discover through DNA testing that you are a victim of fertility fraud, several legal pathways are available depending on your state:
Civil Lawsuits: In states with civil causes of action (like California and Colorado), you can sue directly for emotional distress, medical costs, and punitive damages. Standing often extends to the child and your spouse.
Criminal Complaints: In states that criminalize the act (like Texas and Washington), you can file a complaint with the police. This creates an official record and can trigger a formal investigation.
Licensing Board Complaints: Using your own sperm without consent is professional misconduct. A licensing board complaint can run parallel to a lawsuit. In Florida, a conviction triggers immediate license suspension.
Statute of Limitations: Most state fertility fraud laws include discovery rules. The timeline to sue starts when you discover the fraud, not when it occurred. This legal principle makes modern lawsuits viable despite the passage of time.
Evidence: Consumer DNA results are the starting point for building a case, but they are not enough for the court on their own. A reproductive attorney can advise you on how to obtain and preserve official genetic evidence using strict chain-of-custody protocols.
The most important step is to speak with an attorney before concluding you don’t have a case. Options that did not exist five years ago may be available to you now.
Frequently Asked Questions
Conclusion
There is a generation of people who grew up not knowing who they really are, because a doctor made that choice for their parents without their knowledge. DNA testing has started to surface those stories, but the legal system is still catching up.
The law is moving in the right direction. More than a dozen states now have specific protections on the books. Federal legislation has been introduced with real bipartisan support. The conversation is getting louder every day. If you have been affected by fertility fraud or want to understand your legal rights, contact FSLG for a free consultation.
Rich Geisler is the principal and founder of Fertility & Surrogacy Legal Group, leveraging over a decade of expertise in fertility and third-party reproduction law to help clients worldwide build their families. A dedicated advocate and trusted advisor, Rich is an active member of the American Bar Association and a fellow in the Academy of Adoption and Assisted Reproduction Attorneys.
