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Patient sues hospital, doctor after he inseminated her with his own sperm

Susan Crowder has filed the first lawsuit under Kentucky's new fertility fraud law passed in the 2022 legislative session.

Shay McAlister

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Published: 9:00 AM MDT July 14, 2022
Updated: 3:50 AM MDT July 15, 2022

What happens when a woman finds out the biological father of her child was not an anonymous donor like she thought, but instead her doctor? Until Thursday, the answer in Kentucky was nothing. 

"He never did admit any wrongdoing, the licensure board when they said there's no indication of wrongdoing- I have a daughter by this man- and there's several daughters and children out there," Susan Crowder said.

Fertility fraud, while a betrayal to the patient, was perfectly legal in the commonwealth until 2022, when lawmakers passed a new fertility fraud law, criminalizing the act and laying out a "cause of action" for patients to sue.

Governor Beshear signed the bill into law back in April, and it took effect on July 14. House Bill 402 was proposed after calls from victims, who learned they were deceived by their doctors years ago

Now, patients, their children and partners can sue the physician and clinic for compensatory and punitive damages. 

 "I feel vindicated to a degree because there are people out there who think this was an awful thing for this man to do to us," Crowder said after filing the first lawsuit Thursday morning. "He was deceitful, he just deprived me of my personal choices that he had indicated I would have." 

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