I saw this today Gynecologist unsuccessful in motion for lawsuit he faces – https://www.timesargus.com/news/local/gynecologist-unsuccessful-in-motion-for-lawsuit-he-faces/article_f1129993-7931-5d61-9258-daa43ce6b755.html.
By Eric Blaisdell Staff Writer October 19, 2020
BURLINGTON – A gynecologist accused of using his own sperm to get a woman pregnant in the 1970s has tried unsuccessfully to get the woman’s husband tossed off of the lawsuit the doctor faces.
Sessions denied the motion for summary judgment last month, saying the doctor required Peter Rousseau to sign a document stating he had committed to raising the child as his own. The judge said Coates did this as a prerequisite for performing the artificial insemination.
The test has since been completed and the lawsuit is still pending. Celeste Laramie, another attorney representing the Rousseaus, said Monday the lawsuit is ready to go to trial. Laramie could not comment on the DNA test results because of the judge’s order. She was unsure when the trial could take place because the novel coronavirus pandemic has limited court operations.
I mentioned a while back DNA testing, sperm donor anonymity and me – BBC DNA Saturdays January 25, 2020 these kind of cases would become more common. Before DNA testing became so cheap, $79 – 99, sometimes on sale for $49 – 59, even cheaper if you go with a generic paternity test sold at many drug stores. Back when this situation happened, DNA testing wasn’t anywhere near this cheap.
I am guessing the DNA proved the doctor was the father or the case would have been dismissed by now. The results were sealed. This is a slight twist as the doctor wanted the husband dismissed from the case, but as noted above the judge allowed the husband to stay part of the lawsuit.
There are some fertility specialists who went this route to save on costs. Most places pay sperm donors whose sperm is used to fertilize women. A friend’s brother paid his way through medical school this way. So far, my friend has found one niece from a donation. It sounds like the brother was a regular donor and I won’t be surprised if my friend finds additional nieces and nephews down the road. The brother was doing this in the 1970s and 1980s with a promise he would never be revealed. Cheap DNA testing threw that promise out the window. The niece knows the father is one of my friend’s brothers. The last name is unusual enough, it would be easy to track down the potential father these days.
That’s why there has been a decline in sperm donations since these cases have started showing up. Plus, imagine that a man did this never expecting to be outed and an adult child or children show up on their doorstep. I doubt most have revealed the details of their earlier activities to their spouses. In some cases, the donations were used years later when the man may have been married. Here’s a classic example – Doctor Sues Fertility Clinic After Discovering He Has At Least 17 Unknown Children From Sperm He Donated Decades Ago – 3 CBS Philly October 3, 2019.