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When a Texas woman met an anonymous sperm donor 14 years ago, she thought she had at long last found her biological father. After all, the records at the fertility clinic her parents used in the 1980s showed that anonymous “Donor 106” was the woman’s father. After meeting each other, the two formed a close bond as father and daughter.

It was only recently, when the now 31-year old woman took a home DNA test, that she learned a shocking fact: Donor 106 was not her biological father. Instead, that title belongs to the fertility doctor her parents relied on and trusted.

The doctor claims he obtained the intended parents’ authorization to mix another donor’s sperm with the sperm of Donor 106 when several attempts at artificial insemination were unsuccessful, although he admits he did not disclose that he was the donor of that additional sperm. The mother denies she ever gave consent for the sperm mixing.

This is not the first time a story like this has made headlines; with the proliferation of do-it-yourself home DNA kits, it’s probably not the last case we will learn about. Fertility doctors in other states have faced legal punishment for their actions. In Texas, however, the law does not contemplate “rape by deception.” So, it is possible the guilty doctor will not face any criminal consequences. A bill currently before the Texas House would change that, creating felony charges for implanting human reproductive material without authorization to do so.

Choosing surrogacy and in vitro fertilization can be an amazing way to realize your dream of becoming a parent. Working with a skilled attorney can help you protect your rights – and the rights of your future children. To learn more about how we can help, contact us today!