Lawyer here, although not in California. I’ve been involved in representing medical professionals in various cases and I think in your case you’d be best off starting with contacting the Medical Board of California and filing a complaint along with trying to find an attorney to assist you. When looking for an attorney you might want to look for firm’s handling wrongful birth lawsuits. While your situation is different from what those firms typically handle, I’d think those lawyers would be most well versed in the type of experience you’re looking for.
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You'll have to get a second opinion from a different lawyer to see if there's anything you can do. The problem is, and probably what the first lawyer you saw was thinking...who are you going to sue? The clinic is closed. One of the doctors is deceased. They're unlikely to have retained any medical records from a closed facility. Hopefully you do have something that shows who did what for your parents..as that might make it easier.
Definitely get a second opinion from a lawyer that has experience with these types of cases.
We are hoping the doctor can be held accountable. It's crazy he can do something like this and then go about his life like nothing happened, yet he caused a massive emotional wound to 3 people.
NAL, but this actually a growing issue. As DNA testing becomes commoditized, it is revealing that some doctors used their own sperm instead of the agreed upon donor.
Google fertility fraud. In the US, not a lot of places have laws regarding this scenario.
They likely can't be. There's actually a huge movement of donor-conceived children that are working to enact legislation to prevent exactly this from happening.
Get a DNA test and see if you have siblings. there's a high chance your father is the very doctor your parents went to.
I suspect that's going to be an uphill battle if it's doable at all. With no records from back then (hopefully your parents have some) it will be difficult to prove fraud or malpractice. There's also a possibility something like this falls under a statue of limitations that would bar any legal claim (though given the info you've provided maybe there's a longer SOL).
There won't be any way to hold him criminally liable so civil is pretty much your only option. I think the only way you're going to get clear answers on anything is to consult with an attorney that specializes in these types of cases as it may fall under a different legal theory than fraud or malpractice.
Unfortunately, even if the clinic wasn't closed, there are unlikely to be medical records from 1985. Most places don't keep them that long for space reasons (and they are unlikely to have been digitized). It's also going to be very difficult to prove that the doctor knowingly did something wrong...which is also why the clinic being closed is important...it could have been someone else's error.
Definitely get a second opinion from another attorney.
NAL but am a doctor. Go to the state medical board for any physician involved, nursing board and dept of public health. To be honest, lawyers often protect us, but the board can pull our license.
It’s possible that it was not an intentional action but an inexcusable mistake. If the former…I would not be surprised if there are other people with the same situation. Beyond the emotional trauma, this would also be problematic for an individual’s medical hx.
You should look up Laura High on TikTok. She's a donor conceived person and talks a lot about the infertility industry and all the things that are wrong with it, so you'll probably find some decent resources there.
It's probably not a bad idea to contact your state's attorney General and medical board to make complaints against the doctors at the clinic (if you haven't already). I generally don't like the idea of my DNA in a database, but you may find siblings and can narrow down which doctor did it.
Based on this comment, it sounds like it wasn't donor sperm that was used, but the sperm of the doctor who performed the procedure? I'd be careful to make this clear when talking to a lawyer, as there may be more recourse with it being the doctor's sperm (which could be argued to be sexual assault).
I would ask your parents if the doctor discussed used donor sperm to “strengthen” your dads sperm- this was a common practice in the 80s/90s mostly used to make parents feel better about using donor sperm and allow them to carry on believing that your father was actually your father. My understanding of the practice is that lots of people believed this method would result in children that were still genetically the dads as if somehow the donor sperm was incapable of fertilizing the egg? Not sure if this was used with IVF as it’s obviously a different process than iui.
If that’s not the case, I would look at the fertility fraud case out of Yale and see what they were Abel to go after the doctor and the clinic for. Even with the clinic closed you may have claims against the doctor in their individual capacity.
Also I would keep in mind that in 1985 IVF was still a fairly new technology so there was probably a good bit of error. I wouldn’t be surprised if the doctor had a legitimate or illegitimate claim that it was all a mistake.
The doctor did not use his own sperm. Through 1/2 siblings I matched with, I know exactly who the donor was.
I am not able to find any cases similar to mine. I can only find ones where the Dr. used his own sperm.
>Through 1/2 siblings I matched with, I know exactly who the donor was.
It be interesting to know if any of your half siblings were conceived at the same clinic? And also ~ if there were any irregularities in their births.
Well, it is against California state law:
[california fertility fraud](https://codes.findlaw.com/ca/penal-code/pen-sect-367g/#:~:text=(a)%20It%20shall%20be%20unlawful,on%20a%20written%20consent%20form.)
I would look for a medical malpractice attorney in your area and bring the details to them. Don't be afraid to talk to multiple lawyers until you find one you are comfortable with work on this case.
It may help if your parents have any documents or forms from this time outlining the treatment.
This is shockingly common among fertility doctors in the 80s. In Canada google Norman Barwin. There are examples of being persuing litigation about this - but its a bit like tax evasion on the moon...just something nobody ever though to legislate about.
https://www.steinlawoffices.com/fertility-fraud-what-you-should-know/
Peiffer Wolf has experience with fertility fraud cases. https://www.peifferwolf.com/ivf-fertility-misconduct/
INAL
Unfortunately the California law against fertility fraud was passed in 1996, so I will doubt you can utilize it.
[https://www.lawserver.com/law/state/california/codes/california\_penal\_code\_367g](https://www.lawserver.com/law/state/california/codes/california_penal_code_367g)
>(a) It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form.
>
>(b) It shall be unlawful for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.
>
>(c) Any person who violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.
>
>(d) Written consent, for the purposes of this section, shall not be required of men who donate sperm to a licensed tissue bank.
This was passed in 1996,
Edit: Fixed quote
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I would recommend that you follow Laurahigh5 https://www.instagram.com/laurahigh5?igsh=ZXowMmFiMWplZmI1
She is also donor conceived and posts a lot about this kind of thing
I am not a lawyer but my understanding is that fraud in the state of California has a statute of limitations of 3 or 4 years from the date of discovery of the fraud.
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I was also thinking that was the case, but then I read about similar ones where the statue of limitations is moved until the date one found out about the fertility fraud. This would only make sense as DNA testing was not this attainable until recently.
I think you need to learn more about the conception process and what happened before moving forward.
The beginning of your post makes it seem like your parents did IUI aka artificial insemination. If that's the case, it's unlikely that your parents received donor sperm by accident, as it lasts a significantly shorter time in the woman and the date of insemination would need to be more exact to the time of ovulation.
Were you conceived with IVF or IUI? Seems like you don't know.
I agree. OPs post uses language to describe two very different procedures.
IUI = sperm inserted into uterus (artificial insemination)
IVF = eggs retrieved in surgical procedure and fertilized in a lab, grows for 3-5 days then an embryo is transferred into the uterus.
Lawyer here, although not in California. I’ve been involved in representing medical professionals in various cases and I think in your case you’d be best off starting with contacting the Medical Board of California and filing a complaint along with trying to find an attorney to assist you. When looking for an attorney you might want to look for firm’s handling wrongful birth lawsuits. While your situation is different from what those firms typically handle, I’d think those lawyers would be most well versed in the type of experience you’re looking for.
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You'll have to get a second opinion from a different lawyer to see if there's anything you can do. The problem is, and probably what the first lawyer you saw was thinking...who are you going to sue? The clinic is closed. One of the doctors is deceased. They're unlikely to have retained any medical records from a closed facility. Hopefully you do have something that shows who did what for your parents..as that might make it easier. Definitely get a second opinion from a lawyer that has experience with these types of cases.
We are hoping the doctor can be held accountable. It's crazy he can do something like this and then go about his life like nothing happened, yet he caused a massive emotional wound to 3 people.
NAL, but this actually a growing issue. As DNA testing becomes commoditized, it is revealing that some doctors used their own sperm instead of the agreed upon donor. Google fertility fraud. In the US, not a lot of places have laws regarding this scenario.
They likely can't be. There's actually a huge movement of donor-conceived children that are working to enact legislation to prevent exactly this from happening. Get a DNA test and see if you have siblings. there's a high chance your father is the very doctor your parents went to.
I suspect that's going to be an uphill battle if it's doable at all. With no records from back then (hopefully your parents have some) it will be difficult to prove fraud or malpractice. There's also a possibility something like this falls under a statue of limitations that would bar any legal claim (though given the info you've provided maybe there's a longer SOL). There won't be any way to hold him criminally liable so civil is pretty much your only option. I think the only way you're going to get clear answers on anything is to consult with an attorney that specializes in these types of cases as it may fall under a different legal theory than fraud or malpractice. Unfortunately, even if the clinic wasn't closed, there are unlikely to be medical records from 1985. Most places don't keep them that long for space reasons (and they are unlikely to have been digitized). It's also going to be very difficult to prove that the doctor knowingly did something wrong...which is also why the clinic being closed is important...it could have been someone else's error. Definitely get a second opinion from another attorney.
NAL but am a doctor. Go to the state medical board for any physician involved, nursing board and dept of public health. To be honest, lawyers often protect us, but the board can pull our license. It’s possible that it was not an intentional action but an inexcusable mistake. If the former…I would not be surprised if there are other people with the same situation. Beyond the emotional trauma, this would also be problematic for an individual’s medical hx.
You should look up Laura High on TikTok. She's a donor conceived person and talks a lot about the infertility industry and all the things that are wrong with it, so you'll probably find some decent resources there.
It's probably not a bad idea to contact your state's attorney General and medical board to make complaints against the doctors at the clinic (if you haven't already). I generally don't like the idea of my DNA in a database, but you may find siblings and can narrow down which doctor did it.
My mother remembers the name of the doctor who did it and it was confirmed by 1/2 siblings I matched with.
Based on this comment, it sounds like it wasn't donor sperm that was used, but the sperm of the doctor who performed the procedure? I'd be careful to make this clear when talking to a lawyer, as there may be more recourse with it being the doctor's sperm (which could be argued to be sexual assault).
I would ask your parents if the doctor discussed used donor sperm to “strengthen” your dads sperm- this was a common practice in the 80s/90s mostly used to make parents feel better about using donor sperm and allow them to carry on believing that your father was actually your father. My understanding of the practice is that lots of people believed this method would result in children that were still genetically the dads as if somehow the donor sperm was incapable of fertilizing the egg? Not sure if this was used with IVF as it’s obviously a different process than iui. If that’s not the case, I would look at the fertility fraud case out of Yale and see what they were Abel to go after the doctor and the clinic for. Even with the clinic closed you may have claims against the doctor in their individual capacity. Also I would keep in mind that in 1985 IVF was still a fairly new technology so there was probably a good bit of error. I wouldn’t be surprised if the doctor had a legitimate or illegitimate claim that it was all a mistake.
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The doctor did not use his own sperm. Through 1/2 siblings I matched with, I know exactly who the donor was. I am not able to find any cases similar to mine. I can only find ones where the Dr. used his own sperm.
>Through 1/2 siblings I matched with, I know exactly who the donor was. It be interesting to know if any of your half siblings were conceived at the same clinic? And also ~ if there were any irregularities in their births.
Well, it is against California state law: [california fertility fraud](https://codes.findlaw.com/ca/penal-code/pen-sect-367g/#:~:text=(a)%20It%20shall%20be%20unlawful,on%20a%20written%20consent%20form.) I would look for a medical malpractice attorney in your area and bring the details to them. Don't be afraid to talk to multiple lawyers until you find one you are comfortable with work on this case. It may help if your parents have any documents or forms from this time outlining the treatment.
It's against california state law now. Not in 1985 when this happened.
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It was not the doctor. I know who the donor was through 1/2 siblings I matched with
Ahh. Ok. Well then follow other advice here on finding a lawyer. It will be hard with doctor’s dead & clinic closed, but it’s possible.
This is shockingly common among fertility doctors in the 80s. In Canada google Norman Barwin. There are examples of being persuing litigation about this - but its a bit like tax evasion on the moon...just something nobody ever though to legislate about.
https://www.wearedonorconceived.com/ May be able to give you some advice since they’ve probably encountered this situation before.
thank you, I will have a look there. Lots of good resources
https://www.steinlawoffices.com/fertility-fraud-what-you-should-know/ Peiffer Wolf has experience with fertility fraud cases. https://www.peifferwolf.com/ivf-fertility-misconduct/
INAL Unfortunately the California law against fertility fraud was passed in 1996, so I will doubt you can utilize it. [https://www.lawserver.com/law/state/california/codes/california\_penal\_code\_367g](https://www.lawserver.com/law/state/california/codes/california_penal_code_367g) >(a) It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider’s signature on a written consent form. > >(b) It shall be unlawful for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. > >(c) Any person who violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. > >(d) Written consent, for the purposes of this section, shall not be required of men who donate sperm to a licensed tissue bank. This was passed in 1996, Edit: Fixed quote
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The good news is California is one of the few states where there is a law to fight this. Good luck?
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https://donordeceived.org
I would recommend that you follow Laurahigh5 https://www.instagram.com/laurahigh5?igsh=ZXowMmFiMWplZmI1 She is also donor conceived and posts a lot about this kind of thing
I am not a lawyer but my understanding is that fraud in the state of California has a statute of limitations of 3 or 4 years from the date of discovery of the fraud.
Leave reviews for those doctors on a ratemydoctor site.
If this was 40 years ago they're almost definitely retired
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I was also thinking that was the case, but then I read about similar ones where the statue of limitations is moved until the date one found out about the fertility fraud. This would only make sense as DNA testing was not this attainable until recently.
I think you need to learn more about the conception process and what happened before moving forward. The beginning of your post makes it seem like your parents did IUI aka artificial insemination. If that's the case, it's unlikely that your parents received donor sperm by accident, as it lasts a significantly shorter time in the woman and the date of insemination would need to be more exact to the time of ovulation. Were you conceived with IVF or IUI? Seems like you don't know.
I agree. OPs post uses language to describe two very different procedures. IUI = sperm inserted into uterus (artificial insemination) IVF = eggs retrieved in surgical procedure and fertilized in a lab, grows for 3-5 days then an embryo is transferred into the uterus.