General information, not legal advice. Statutes change; the state list below reflects public legislative trackers as of August 2026.
Two Very Different “Wrong Sperm” Cases
Wrong-sperm cases come in two forms, and the law treats them differently:
- Laboratory mix-ups — the clinic uses the wrong donor sample or swaps specimens through negligence. These are classic fertility malpractice claims: negligence, breach of contract, and emotional distress.
- Fertility fraud — a doctor intentionally uses his own sperm, or a sample he knows is not the one the patient chose. Families often discover this decades later through consumer DNA tests. This is intentional misconduct, and a growing number of states have made it a crime.
The Fertility Fraud Statute Wave
After the Dr. Donald Cline scandal in Indiana — where a fertility doctor used his own sperm in dozens of procedures — Indiana passed the nation’s first fertility fraud law in 2019. Texas and California followed the same year. As of 2026, roughly fifteen states have enacted fertility fraud statutes, including:
- Indiana (2019) — the first statute, creating both criminal liability and a civil cause of action.
- Texas (2019) — treats unauthorized use of reproductive material as a form of sexual assault.
- California — criminal liability plus civil remedies for unauthorized use of gametes or embryos.
- Colorado (2020) — felony offense plus civil liability that can be brought by the patient, spouse or partner, or the child — with liability for each child born.
- Florida, Kentucky, Washington, Arizona, Utah, Arkansas, Iowa and others — statutes of varying scope, most enacted between 2020 and 2025.
These cases keep coming: as recently as July 2026, a North Dakota physician was sued for allegedly using his own sperm in patient treatments decades ago.
What if Your State Has No Statute?
You can still bring a claim. Courts have allowed fertility fraud victims to proceed under traditional theories: medical battery (an unconsented touching), fraud and misrepresentation, intentional infliction of emotional distress, breach of contract, and negligence. Importantly, several of these theories are not “medical malpractice” in the technical sense — which can mean damage caps do not apply.
“But It Happened 20 Years Ago”
Most fertility fraud is discovered decades after the fact, usually through 23andMe or Ancestry results. Statutes of limitations generally run from discovery of the wrongdoing in these cases, not from the original procedure — and courts in several states are actively defining how far that extends. Do not assume you are too late; that question deserves an actual legal analysis of your facts. We have written about non-paternity discovered through online DNA tests and bringing claims years later.
Who Can Sue?
Depending on the state and theory: the patient, the patient’s spouse or partner, and in some states (like Colorado) the donor-conceived child themselves. Claims by children raise distinct issues of identity, privacy, and standing — an area where our children’s rights practice is directly relevant.
Talk to Us Before the Trail Goes Cold
Records retention, lab logs, and even the physicians themselves do not last forever. If a DNA test has revealed something wrong about your fertility treatment — no matter how long ago — contact us for a free, strictly confidential consultation.