Legal Help
If you believe you may be the victim of fertility fraud, you unfortunately are not alone. Since the first documented case, in 1884, of Dr. William Pancoast injecting donor sperm into an unconscious and chloroformed patient without her permission, there have been little to no changes in laws/regulations around donor conception. As more and more people use home DNA tests, many of us are finding hidden secrets and unethical violations used in donor conception.
We encourage those impacted by donor fraud to reach out to legal representation if they would like to further discuss their rights and options. Below you will find tips on:
- What to Know & What to Do before contacting a lawyer
- Tips for finding a lawyer and questions to ask
Donor conception, especially with the discovery of fraud, can trigger feelings of shame and violation for many. Because of this we understand and support all impacted parties who choose to use arbitration/private mediation. However, we encourage you to consider adding your voice to the growing movement in the donor conception community by publicly sharing your story. The more visibility we give to the damage caused by donor fraud, the more we can hope to drive fundamental and wide spread regulatory changes in the infertility industry.
Law Review Articles can be found here.
What to Know & What to Do
Things to know:
- Review and understand your State/Countries laws around 3rd party reproduction. Current US Fertility Fraud Laws.
- The majority of state laws and regulations do not currently recognize donor conceived offspring as an injured party when filing a claim of donor fraud. A lawsuit has a higher chance for success if the recipients/parents are the main party listed in the complaint.
- All states have a statute of limitations when filing a claim (usually 1 to 2 years) that is based on the date of discovery.
- There are three ways to process your claim: Mediation, Arbitration, Litigation. Understand your options and what you would be comfortable with if you choose to move forward.
- Per state and federal tax laws, settlements may be capped and/or taxed. It is recommended that you discuss this with your lawyer AND a local tax attorney.
- Be mindful that your decision to file a claim may affect other’s you care about. It may be worthwhile to share your plans with them before you move forward so that you can minimize their exposure if they want to maintain privacy.
- It is recommended that you research and call at least 2-3 lawyers. See below for tips on finding a lawyer and questions to ask. Expect to get different responses and information from each lawyer as they may have different backgrounds, experience, and motivations.
- Some lawyers suggest you contact them before reaching out to any possible parties such as doctors, donors, or clinics.
Things to do before contacting a lawyer
- Keep a journal and date everything.
- Take a DNA test. It is recommended that you test with Ancestry as well as 23&Me. You can then upload your DNA file and post it on other DNA websites such as MyHeritage, MyFamilyTreeDNA, and Gedmatch to see if there are any additional genetic matches. Take screen shots of genetic matches as some people make their matches private as connections start being uncovered.
- Consider hiring a genealogist if DNA matches are not a direct link. You can also use a Search Angel who offer genealogy assistance at no cost, and who can be found through various private facebook donor conceived support groups.
- Keep a copy of all medical records and clinic records if applicable.
- If you have attempted to contact anyone through writing, keep all copies organized, dated and handy.
- Decide why you are filing a claim: medical history, DNA testing, genetic testing, monetary settlement, ability to confront the perpetrator and have your say, share your story so others are aware they could also be a victim, etc…
- Write out a summary of all the facts and have it in front of you when you make calls to lawyers.
- Practice talking about the facts with someone you trust so that when you a call a lawyer you can get your story out without it being lost behind strong emotion.
Finding a Lawyer & What to Ask
How to Find a Lawyer
When searching for a lawyer look for those in Personal Injury or Malpractice Litigation. Look for law firms that have a depth of expertise/partners with both Family Law, Civil Litigation, and Personal Injury. You will need a lawyer/law firm that is registered or has partners who can practice in the state/country you plan on filing your legal claim. Start with looking for a lawyer in the area you were born or conceived or a larger multi state/country law firm.
Questions to Ask a Lawyer
- What cases have you previously tried that involve DNA evidence or claims involving family relations?
- How would you go about investigating and trying this case? What are the questions that you would look into first?
- Do you have any conflicts of interest with the physician or clinic?
- What is your fee arrangement?
- How willing would you be to work with different plaintiffs in this case? Would you be willing to meet with each in person before they hired you as an attorney?
- Would you be willing to reach out to other attorneys who are handling fertility fraud cases in other jurisdictions?
- How do you prefer to communicate with clients?
- What do you think its reasonable to expect as an outcome (or outcomes) from this case?
- If this went to trial, are there particular strategies you would be likely to pursue or not pursue?
- Have you worked on a case where there has been a media relations plan? How comfortable are you working with me to handle media involvement on this case?
- Please tell me about a challenge that you’ve faced when working with a client and how you resolved it?
- How comfortable are you helping me to pursue other goals, such as changing state law?
Possible Claims
- Battery
- Breach of Fiduciary Duty
- Breach of Contract
- Breach of the Implied Covenant of Good Faith and Fair Dealing
- Constructive Fraud
- Conversion
- Extreme and Outrageous Conduct
- Fraud by Concealment
- Intentional Fraud
- Intentional Infliction of Emotional Distress
- Invasion of Privacy-Intrusion into Private Affairs
- Professional Malpractice
- Negligence
- Negligent Infliction of Emotional Distress
- Trespass to Personal Property
- Unjust Enrichment
- Violation of Constitutional Right to Privacy
- Violation of Unfair Competition Law