Non-Paternity Identified through Online DNA Test – What to Do?

Risks of Online DNA Testing

The rise of online DNA testing has led to a shocking discovery for many parents: their children born through fertility clinics may not be biologically related to one or both of them. This can happen due to a sperm or embryo mix-up, or even intentional wrongdoing (e.g., sperm switching or embryo switching). Unfortunately, these discoveries often don’t occur until years after the child is born.

How This Mistake Can Occur

Fertility clinics have a responsibility to ensure that the right sperm and egg are used during the fertilization process, and that the resulting embryos are implanted in the correct woman. In some cases, clinics have failed to meet this responsibility, leading to devastating consequences for families. In other cases, the clinic may have intentionally used the wrong sperm or egg, either due to a mistake or as a result of misconduct.

The emotional toll of discovering that a child is not biologically related to one or both parents can be devastating. Parents may feel a sense of loss and betrayal, and may struggle to come to terms with the fact that the child they have loved and raised is not biologically theirs.

What You Can Do About This Devastating Discovery

Despite the fact that these discoveries may not occur until years after the child is born, families who have been the victims of fertility clinic misconduct may still be able to make a claim. This is due to the “delayed discovery rule,” which tolls any statute of limitations until a person knows or reasonably should have discovered they were the victims of malpractice.

This means that families can still potentially make a claim, even if the misconduct occurred years ago. However, it is important to note that each case is unique, and that the specific laws and regulations in each state will play a role in determining whether a claim can be made.

Contact a Fertility Malpractice Attorney Immediately

If a family believes that they have been the victim of fertility clinic misconduct, it is important for them to seek legal advice as soon as possible. An attorney with experience in fertility malpractice cases will be able to advise them on their legal options and help them navigate the process of making a claim.  At the Fertility Law Group, our team of IVF malpractice lawyers have years of experience working with victims of fertility negligence.

In conclusion, the rise of online DNA testing has led to a shocking discovery for many families, as they are finding out that their children born through fertility clinics may not be biologically related to one or both of them. While this can be a difficult and emotional process, families who have been the victims of fertility clinic misconduct may still be able to make a claim, thanks to the “delayed discovery rule.” It is important for these families to seek legal advice as soon as possible in order to understand their options and pursue any possible claims.

If you believe that you have been the victim of fertility misconduct and have questions about your rights, please contact us for a free, confidential consultation.