The Fertility Fraud Victims From 'Our Father' Are Paving New Legal Ground

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It's been challenging to criminally prosecute doctors who inseminated patients with their own sperm—but that could soon change.

Madeira believes the crime should be seen as both fraudulent deception and sexual assault. “We don’t know if doctors have specific sexual intent towards any certain victims,” she said. “But even if they don’t, they engaged in a sex act, which is masturbation immediately before they inseminated the patient.

Ballard wishes that the Indiana law included “the sexual assault portion,” she said. “But we also knew how important it was to at least get [the law] passed. In the future it can always be amended.” She also would like to see the creation of a federal fertility fraud law.

“Donor anonymity needs to be gone,” she said. “Along with the adoption community,” the donor-conceived are “such a marginalized group of people that are specifically brought into this world and paid for. And they’re already denied access before they’re even born. That’s access to genetic biological family, to their medical history.”“We’ve grown up,” she added. “We’re not the babies that our parents had. So we’re now speaking out, because we want rights.

 

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