Fertility Doctor Faces Lawsuit over Alleged Secret Insemination with Own Sperm, Unveiled through DNA Test
A woman's shocking discovery through a DNA kit purchase unveils that her biological father is a Boston fertility doctor, leading to a lawsuit filed against him after more than 40 years
It has been more than 40 years since a Boston, Massachusetts, fertility specialist helped a couple, and now their daughter has found out through a DNA kit that the doctor is her biological father. According to a lawsuit filed on Wednesday in the U.S. District Court District of Massachusetts, the suit claims that Dr. Merle Berger secretly used his own sperm to inseminate the mother, Sarah Depoian, in 1980.
"I feel deeply violated," Depoian stated through her attorney, Adam Wolf. "Coming to terms with this has been difficult. I put my trust in Dr. Berger completely. We believed that he would behave responsibly and ethically. I don't think I will ever fully recover from the violation that he committed against me."
Dr. Berger, one of the founders of Boston IVF and a former professor at Harvard Medical School, had informed Depoian at the time that the sperm used in the insemination would be from a medical resident "who resembled her husband" and "whom she did not know," as per the complaint.
Instead, the complaint alleges that Dr. Berger used his own sperm to inseminate Depoian without her consent and against her wishes, as stated by Depoian's attorney Wolf in a news release.
Carolyn, the daughter of Depoian, discovered that Dr. Berger was her biological father after buying DNA kits from Ancestry.com and 23andMe last year, as stated in court documents. The results revealed a connection to Dr. Berger's granddaughter and his second cousin, according to the lawsuit. After conversing with "one of her newfound relatives," she was able to put the pieces together.
Carolyn expressed extreme shock upon discovering this, stating how reality feels altered. She also voiced her pride in her mother for speaking out and her commitment to stand by her side. Following this revelation, Depoian's attorney contacted Dr. Berger, who did not refute that she had only consented to insemination with an anonymous donor's sperm, further emphasizing in the complaint.
In a statement obtained by CNN affiliate WCVB, Bergers legal team denied the allegations, stating that Dr. Merle Berger was a pioneer in the field of medical fertility. Over his 50-year practice, he helped thousands of families fulfill their dreams of having a child. The statement also emphasized his sensitivity to the emotional anguish of women seeking help with conception. The allegations in question pertain to events from over 40 years ago, during the early days of artificial insemination, before the existence of sperm banks and IVF, which makes it dramatically different from modern-day fertility treatment.
Dr. Berger's attorney stated that the allegations, which have evolved over the past six months since the plaintiffs attorney first reached out, are without legal or factual merit, and will be proven false in court. CNN has contacted Dr. Berger for comment but has not received a response.
Boston IVF informed CNN in a statement that the incident occurred prior to the existence of the company. "We recently became aware of the lawsuit naming Dr. Merle Berger," the company stated. "This incident took place over 40 years ago, before Dr. Berger joined Boston IVF and before our company was established. It is important to note that the field of reproductive endocrinology and infertility has evolved significantly over the decades, with safety protocols and safeguards that would make such allegations nearly impossible today. Patients can be confident that our field maintains the highest ethical and medical standards."
Dr. Berger retired from Boston IVF in 2020, according to WCVB.
