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What is fertility fraud and how common is it?

On Behalf of | Jun 23, 2021 | Fertility Assistance |

Fertility fraud is a type of crime in California that involves fraudulent misrepresentation of fertility and surrogacy law. If a woman seeks medical assistance from a fertility doctor to conceive, she may expect certain services. Women often use the sperm of their partner or a donor to get pregnant. In a case of fertility fraud, the fertility doctor may use his own sperm to help patients conceive without their knowledge or consent.

What happens when there is fertility fraud?

Thanks to the rising popularity of home tests in the last few years, it’s easier than ever for people to track their genetic roots. When a doctor is guilty of fertility fraud, women can learn that they were victims when they chose to use donor sperm, whether from a partner or a donor. In most cases, their children used at-home DNA tests decades later and discovered the truth.

More and more people are fighting back with lawsuits. Under applicable law, it is illegal, and it is also unethical for a doctor to perform fraudulent inseminations. It is unknown why doctors choose to ignore the wishes of their clients regarding their family planning decisions. While there are no absolutely clear motives known, a law professor surmised that it could be due to a sense of esteem when the doctor is ranked so highly in their field.

Fertility fraud is a crime that’s challenging to prove due to the lack of statutes on it. However, in spite of the lack of established fertility and surrogacy law, the emotional and psychological pain that families experience when learning the truth cannot be easily corrected. In many cases, the proceedings don’t make it to trial and the doctor settles to avoid appearing in court.

Who can you turn to for help?

An attorney can help you if you have learned that you are a victim of fertility fraud. If your doctor fraudulently inseminated you with his own semen, you have a right to fight back. Your attorney will help you start your lawsuit and ensure that you get the damages you deserve.