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Boston fertility doctor sued for allegedly using own sperm in IVF

  • The patient says she discovered the truth when her daughter took a DNA test
  • There have been multiple cases of other fertility doctors doing the same
  • IVF and infertility treatments have increased as women delay having kids

An embryologist is seen at work at the Virginia Center for Reproductive Medicine, in Reston, Virginia on June 12, 2019 – Freezing your eggs, getting pregnant after the age of 50, choosing the baby’s sex: when it comes to in-vitro fertilization and other assisted reproduction procedures in the United States, would-be parents are spoilt for choice. This isn’t the case in many other countries, including France, which is hoping to pass legislation that would let single women and lesbian couples benefit from these technologies for the first time. (Photo by Ivan Couronne / AFP) / TO GO WITH AFP STORY by Ivan COURONNE, “In US, relaxed IVF laws help would-be parents realize dreams” (Photo by IVAN COURONNE/AFP via Getty Images)

 

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(NewsNation) — A woman is suing a Boston fertility doctor who allegedly used his own sperm to inseminate her more than 40 years ago, despite telling her he would use an anonymous donor.

Sarah Depoian and her husband sought treatment from Dr. Merle Berger, a founder of the Boston IVF fertility clinic, and were told she would be inseminated with sperm from a medical resident with physical characteristics similar to her husband.

Instead, Depoian alleges Berger used his own sperm in the procedure and said she would not have consented if she had known he would do so.

Depoian said she found out what Berger had done after her daughter, Carolyn Bester, who was born in 1981, took a DNA test and was linked to Berger’s relatives.

The case is not the first time a fertility doctor has been accused of using their own sperm to inseminate patients without the patient’s knowledge. There have also been larger ethical questions about donor conception as some donor-conceived people have learned they have hundreds of half-siblings.

Fertility treatments are becoming increasingly common as more women delay having children to focus on their careers. In response, more companies are also offering benefits that include IVF and infertility treatments.

Berger is now retired. His attorney released a statement saying the suit had “no legal or factual merit.”

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