Apparently the doctor told his patients that he was getting the sperm from medical students, but when he didn't have donors, he used his own. He did this for decades and some of the children created are adults now who have put the pieces together. Initially, the doctor denied it, but after DNA tests were done, he admitted he may have used his own sperm as much as 50 times.
There are two aspects of this:
1) Should he face an obstruction of justice charge for lying about it?
2) Should he have to pay the children and their mothers damages?
More info here: http://fox59.com/2016/09/12/indianapolis-infertility-doctor-accused-of-using-his-own-sperm-on-patients-appears-in-court/
I'm thinking this is a fairly clear-cut case of rape...times 50. As for damages, well, pretty much everything he owns or will earn in the next, say, 50 years should cover it.
He should pay child support like any father who dont take responsibility for his children.
I can't address issues of US law, but there are ethical issues.
There is evidence that younger men produce higher quality semen with significantly fewer chances of congenital abnormalities. Many prospective mothers would expect students to be younger and so have healthier sperm.
If the mother or prospective parents showed no interest in who the particular donor was, then perhaps the doctor's deceit is slightly less alarming.
But given that we now know much more about genetically linked predisposition to some health issues which can be exacerbated by lifestyle, knowing who one's parents are becomes increasingly important. In my view, every child should have the right to know the sources of their genome insofar as is possible.
When so many offspring of one father are circulating in an area, if they don't know who their father is, it raises the risk of incestuous pregnancies and malformed and/or mentally disabled offspring .
First of all I think he should face an ethical charge by the medical boards. Furthermore, yes and yes. He should face the consequences about lying.
Of course he should! No question about it.
1) Yes
2) If they were promised a certain donor's sperm, that they selected and paid for themselves, I would think so.
Also, this is a serious violation of ethics and he should lose his license to practice, I would think.
Hello JA:
Several years ago, there was a case on Law & Order just like this.. I guess the good doctor missed it..
excon
If any other sperm donor is not held responsible, why should this doctor be held responsible for support?
If it is illegal he should face whatever the charges are that would apply.
What would be the damages? Were any children mentally for physically harmed from birth defects? Not sure what kind of damages would apply. Unless the mothers were promised certain traits from the sperm donor or they picked out a specific donor.
1. Has he been accused of breaking some law and did he commit perjure in the course of a criminal investigation of such? If that's the case then maybe. (I remind all that law enforcement can lie with impunity anytime they like, unless they've been "sworn".) Otherwise, unless he was deposed (under oath) as part of a civil proceeding and committed perjure, then there's probably no grounds to pursue an "Obstruction of Justice" or a "perjure" case against him.
2. Maybe. That would depend on the language of the contract signed between the patient(s) and his medical practice and how the court system decides to interpret that contract language. (Just imagine him having to pay child support for 50 kids for 18-years . . .) And then that "practice" is probably incorporated, which give him another layer of protection at a personal level. (The "practice" can merely declare bankruptcy and evaporate, become "judgement-proof").
3. You didn't ask, but if possible the State medical licensing board should pursue revoking his license to practice medicine and that should extend to all 50-states. But, sadly, it's doubtful that they have that power.
