After DNA testing revealed that fertility doctors were using their own sperm for in vitro fertilization, three states passed legislation making the practice illegal.
. Not only is the doctor allegedly Emmons-Boring's biological father, but she has half-siblings across the country that also share his DNA.
"Instead of using 'fresh' sperm from an anonymous donor to inseminate Mrs. Emmons during these procedures," says the lawsuit,"Dr. Jones used his own 'fresh' sperm to artificially inseminate Plaintiff Mrs. Emmons." "[Jones] explained that it would be like a medical student or a law student in the area that they would use," Emmons-Boring toldDr. Jones is accused of medical negligence, lack of informed consent, fraud and battery in the lawsuit, according toTexas, Indiana and California are the only states that currently have"fertility fraud" laws on the books.
Indiana was the first state to enact fertility fraud legislation after Dr. Donald Cline admitted to using his own sperm for insemination procedures up to 50 times. Cline surrendered his medical license after pleading guilty to obstruction of justice.
Simple at-home DNA testing have led some to discover that their biological father may actually be their mother's fertility doctor.In Texas, fertilization without a patient's consent can lead to up two years in jail and a $10,000 fine. Using sperm, eggs or embryos from an unauthorized donor is considered sexual assault. Anyone found guilty under that law must register as a sexual offender.
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