TV Review: Fertility Deception

The NBC Bay Area's Investigative Unit's three-part news report, Fertility Deception, started off with one woman's journey to uncover the truth of her ancestry and ultimately became a nationwide effort to hold offenders of fertility fraud accountable.

In the first episode, we are introduced to Marlena Velasquez, from California, who was conceived using assisted reproductive technologies in the 1970s. Despite having a Mexican father, Velasquez was often taunted growing up, with comments questioning her ethnicity and relationship to her father. As such, she decided to take an at-home DNA test and discovered that her biological father was actually her mother's gynaecologist, and that she also had a half-sister on her paternal side. Upon learning this information, Velasquez informed her own sister, who also took an at-home DNA test. Both sisters are fully related, meaning that their biological father is their mother's gynaecologist.

Velasquez, naturally, had questions about the situation and tried to contact the gynaecologist, who blocked her. At that point, Velasquez reached out to the NBC Bay Area's Investigative Unit, who also contacted the gynaecologist and were able to arrange an online meeting between him and Velasquez. The gynaecologist claimed he had only used his own sperm once, when the donor did not show up for the appointment, but when confronted with the fact that he was also Velasquez's sister's father, he mentioned memory loss. He also failed to give an exact number of times he used his own sperm.

In the second episode, the Investigative Unit uncovered more cases like Velasquez's, and made contact with Traci Portugal, another 'doctor donor' child, who had discovered more than 330 cases throughout the USA. The Investigative Unit also spoke to Adam Wolf, a fertility fraud attorney, who explained that these cases are typically settled outside of court and are kept private.

While it might seem strange that doctor donor children wouldn't be interested in exposing their doctor, Wolf explained that many families feel a sense of shame and hopelessness from their situation. Portugal mentioned a similar sentiment when she suggested that a doctor's lack of interest in their children can feel very isolating, and Velasquez's sister echoed this feeling when she experienced frustration and confusion upon learning of her biological father.

Ultimately, Velasquez has said that the main reason she has pursued this case is because she believes people have the right to know who their biological fathers are.

Finally, the third episode, set six months after the last, reveals that a bill has been introduced to congress that would criminalise fertility fraud. Stephanie Bice, representative for Oklahoma, developed the bill, known as the Protecting Families from Fertility Fraud Act, after learning about cases like Velasquez's and feeling frustrated about the lack of recourse available to victims.

Currently, only 11 US states have laws related to fertility fraud, and the code in California has a statute of limitations of three years after the fraud has occurred. Of course, this is problematic because most victims, especially doctor donor children, don't become aware of any chance of fraud until adulthood.

If introduced, Bice's bill would start the statute of limitation from the time a victim learns that they are a victim, rather than the point of conception. It would also codify fertility fraud as a sexual abuse crime, meaning it would hold a maximum jail sentence of up to ten years and would also empower federal judges to order restitution for victims of the abuse. Unfortunately, the bill would not be retroactive and, therefore, couldn't be used by Velasquez to confront her own doctor donor. For Velasquez, her only hope is that passing a bill like this might prevent other people from dealing with the same frustrations she has experienced.

The most interesting thread throughout the series was Velasquez's own opinions. Initially interested in understanding why her mother's gynaecologist would have used his own sperm without informing her parents, Velasquez grew more frustrated, stating in the third episode: 'I honestly wish I didn't know […] I regret ever finding out because all it did was make me mad.' Having the focus of the series be on the experience of a victim was a fantastic way of grounding the issue in reality and highlighting the very real harms that occur as a result of fertility fraud.

I also appreciated having insight from multiple perspectives, such as the fertility fraud attorney and the gynaecologist from the 1970s, Dr Alan DeCherney. One perspective that was missing, however, was that of the parents, particularly the mothers, who experienced the fertility fraud. Especially in light of the Protecting Families from Fertility Fraud Act codifying fertility fraud as a sexual abuse crime, I would have liked to have heard from some of the people who actually experienced this. In saying that, however, the victim perspective, even from a doctor donor child, is still incredibly beneficial for showcasing the importance of bringing these stories to the public and creating support systems for victims.

Despite the ambiguous ending, as the bill has only been referred to the House Committee as of April 2023, I found this series to be informative, moving and impactful. If you were interested in better understanding fertility fraud and the ways in which it can affect people's lives, I would definitely recommend checking these episodes out.