An Idaho woman, Sharon Hayes, is suing her fertility doctor, Dr. David R. Claypool, after discovering that he is the father of her 34-year-old daughter. Hayes sought fertility care in 1989 after she and her then-husband learned they were unable to conceive. According to the civil complaint filed in a Washington state Superior Court, Claypool allegedly used his own sperm to inseminate Hayes during several artificial insemination sessions. He had charged her $100 for each session, claiming that the money was for compensation to anonymous donors based on genetic traits selected by Hayes.
Hayes accused Claypool of fraud, failure to obtain consent, and violation of consumer protection laws. She is seeking damages for physical and emotional injuries, as well as the loss of love and companionship of her daughters. Last year, Hayes’ daughter, Brianna, discovered through genetic testing that Claypool was her father. She also found out that she has at least 16 half-siblings on Claypool’s side. It is unknown if the mothers of Claypool’s other alleged children are pursuing legal action.
Hayes and her daughter have faced numerous health issues that they believe are related to their genetic backgrounds. Brianna has had multiple surgeries and has been diagnosed with a serious sleep disorder. However, despite connecting with her half-siblings, she has not yet met her birth father.
Claypool has not practiced medicine since 2005. He claimed to have no knowledge of the lawsuit and denied knowing Hayes. The case highlights the growing issue of “fertility fraud” as online DNA services become more popular. Over 50 fertility doctors in the U.S. have been accused of using their own sperm without patients’ knowledge.
Assisted reproduction is largely unregulated in Washington State and other parts of the country, with no requirements for testing donor material or limits on the number of times a donor’s sample can be used. Advocates for stronger legislation, such as Dr. Kara Rubinstein Deyerin, cofounder of the nonprofit Right to Know, argue that stricter regulations are needed to prevent such cases of fraud by doctors.
While some states have enacted laws to address this issue, Washington has failed to pass a bill criminalizing this type of fraud by doctors. The case serves as a reminder of the need for stronger federal and state legislation to regulate assisted reproduction techniques and protect patients from deceptive practices.
