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Washington D.C., Aug 21, 2019 / 04:00 pm (CNA).- Lawmakers in three states have passed laws to criminalize “fertility fraud” following a series of scandals in which fertility doctors impregnated women with their own sperm without their knowledge or consent. But amid renewed discussion of the fertility industry, one ethicist told CNA that the laws do not go far enough.
On June 4, Texas Gov. Greg Abbott (R) signed into law Senate Bill 1259, making the use of reproductive material from an unagreed upon donor a form of sexual assault, and could require an offending doctor to register as a sex offender. The bill was unanimously passed by both the Texas House and Senate, and went into effect on July 1.
Texas - Law - Donor-deception - Assault
The Texas law is unique in classifing donor-deception as sexual assault.
Legislation in Indiana, passed in May of this year, made it a felony for someone to misrepresent a medical procedure, device, or drug, including reproductive material. A plaintiff may also sue the medical professional for damages. Similar laws were passed in California in 2011.
Indiana - Law - Fertility - Specialist - Dr
The Indiana law passed after it was discovered that a fertility specialist, Dr. Donald Cline, had used his own sperm to father at least 61 children in the 1970s and 1980s. The estimated 36 mothers were unaware that he was the source of the donor sperm.
In 2017, eight years after he retired, Cline was sentenced to a one-year suspended sentence, and surrendered his medical license. He pled guilty to two counts of felony obstruction of justice, though his professional conduct was not yet a crime in Indiana.
Cline - Case - Doctors - States - Countries
Cline’s case is not unique. Doctors in 12 states and several countries have been found to have fathered children with women who did not consent to being inseminated with their own doctor’s sperm.
Dr. John Di Camillo, an ethicist...
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