02 Nov 2022 DNA Testing Kits Reveal Fertility Fraud

Curiosity in the modern age of easily purchased and self-administered DNA testing kits has uncovered a dark side in the fertility world, which has not only gained national attention in the past few years but has also inspired a Netflix documentary.  

Before sperm donor clinics were prevalent and the use of frozen sperm was common practice for artificial insemination, some doctors were secretly using their own sperm to impregnate women seeking fertility treatment.  For decades, these doctors were committing fertility fraud and violating the trust of the doctor-patient relationship with impunity.  Now, thanks to modern technology, the dark truth has surfaced, bringing with it shock, new half-siblings, lawsuits, and legislation.

Netflix Film on Rogue Fertility Doctor Spawned Federal Legislation

Earlier this year the Netflix documentary “Our Father” landed in the top 10 of most popular shows on the streaming platform, as the disturbing revelations of former fertility doctor Donald Cline’s fraudulent practices shocked viewers.  The documentary chronicles Cline, who artificially inseminated unsuspecting women with his own sperm in the 1970s and 1980s, and in doing so created dozens of half-siblings.

In 2014, when Jacoba Ballard, 42, took an at-home DNA test and her DNA was loaded onto the 23andMe database, she was shocked to discover that she had seven half-siblings.  Through her subsequent investigation, she soon discovered the true nature of what her mom’s fertility doctor had done.  As time passed and more people added their DNA to the database, the number of half-siblings continued to grow.  In the documentary, Jacoba reported that each time a new half-sibling popped up on the database she would think to herself, “I know that I am going to call them, and I am going to ruin their life.”  According to a message at the end of the documentary, the number of half-siblings stood at 94 and counting at the time of the production.

The documentary caught the eye of U.S. Representative Stephanie Bice of Oklahoma, who states in The Ripon Advance, “After watching the “Our Father” documentary, I was appalled that there has been no justice for the families who have been impacted by this heartbreaking situation.  It is imperative that we prevent these tragic situations from ever happening again and protect families from future predators.”

Now Bice and co-sponsor, U.S. Representative Mikie Sherrill of New Jersey, have proposed a bipartisan bill called the “Protecting Families from Fertility Fraud Act of 2022, H.R. 8600.”  If passed, it will make the misrepresentation of the source of DNA a federal crime and will allow families to seek justice in the court system.  Although several states already have legislation in place for this type of fertility fraud, this new bill, if passed, would create a federal law making it illegal in all 50 states.  

Shedding Light on History of Fertility Fraud

Unfortunately, Cline is not the only case of fertility fraud.  Over the past several years, more than 50 fertility doctors in the United States have been accused of using their own sperm to impregnate women seeking artificial insemination, according to The New York Times.  Before the 1980s, sperm banks were not widespread, and the use of frozen sperm was uncommon.  It wasn’t until the ’80s when the AIDS epidemic hit that sperm banks took flight, and frozen sperm became common practice for testing purposes; until then, using a fresh sperm sample was the norm.  Nonetheless, there was and still is a major difference between a woman knowing that she is going to be using a fresh sperm sample from an anonymous donor she selected and/or approved and a woman unknowingly being inseminated with her own doctor’s sperm.

In April of this year, Westworld reported that a district court in Colorado awarded $8.75 million to plaintiffs in a case involving another former fertility doctor, Paul B. Jones, who also used his own sperm to impregnate women seeking fertility services.  Just like many others, Maia Emmons-Boring, 41, took a DNA test to find out about her heritage, only instead she found multiple half-siblings, which eventually led back to Jones.  After sharing the news with her family, she states in The Sun, “My mum wept and said she felt like she’d been raped.” This was the stark reality of it.  Female patients, who had put all their trust and dreams of motherhood in their doctors’ expertise, were lying in incredibly vulnerable positions in gowns on tables with their feet in surgical stirrups as their doctors were committing a profound violation of medical ethics.  Emmons-Boring goes on to say regarding the lawsuit, “my half-siblings and I filed a civil lawsuit against Dr. Jones and his clinic on the grounds of fraud, breach of contract, gross negligence, extreme and outrageous conduct, and medical battery.”

Intended Parents’ Trust Breached by Fraudulent Practices

Traci Portugal, founder of DonorDeceived.org, and a child born of this type of fertility fraud, states in the New York Times, “For some doctors, I think there was a disconnect between this being a medical procedure and the fact that they were creating and giving away their own children.  For others, they knew what they were doing was wrong, and they were able to hide their predatory sexual actions behind the use of anonymity.”  

What’s most startling is that these doctors were doing this under the guise of anonymity even though they were right there in the room.  Whether they really thought they were helping their patients, they had a “god” complex, or the violation of it gave them sexual pleasure, the audacity of their acts is appalling.  As the truth has come to light, these women who sought out help in order to have a baby will never be the same.  Their children’s lives will never be the same.  Morgan Hellquist, 36, another person whose biological donor turned out to be her mom’s fertility doctor, stated in The New York Times, “Everything I thought I knew about myself has been ripped apart and smashed to the ground.”  She went on to say, “The idea that that man’s DNA is in my children made me want to die.”  Now, these grown children must somehow find a new normal and learn to navigate a world with multiple half-siblings and the very likely possibility of finding more. 

The impact has been profound and life-changing for these families.  H.R. 8600, if passed, would not only hold unethical fertility doctors accountable for their past crimes, but definitively establish for current and future practitioners that fertility fraud is against the law throughout the United States and that they will be prosecuted for it.  This legislation would be an important step toward establishing guidelines for medical practitioners and in doing so will give uniform protections for women who seek to create families through assisted reproduction technology.