Shocking lawsuit claims this fertility doctor and former Harvard professor secretly impregnated patient with his sperm

Photo by Sasun Bughdaryan from Unsplash

Fertility doctors can offer an important service to women who are struggling to get pregnant.

But sometimes these doctors offer “extra” services that no one asks for or wants.

Like in this shocking lawsuit claiming a top fertility doctor secretly impregnated a patient with his sperm.

A respected fertility doctor and former Harvard Medical School professor secretly impregnated a patient with his own sperm and told her it was from an anonymous donor.

Accused of using his own sperm without consent

At least that’s according to the claims of a former patient who is now suing the Doctor.

In December, former patient Sarah Depoian filed a lawsuit in the U.S. District Court for the District of Massachusetts against Dr. Merle Berger. 

Depoian says she agreed to intrauterine insemination in 1980 after the doctor allegedly told her he would use the sperm of a medical resident who resembled her husband. 

Intrauterine insemination, according to the Mayo Clinic, is also known as artificial insemination, and is a process that increases the chances of pregnancy by placing sperm directly into the uterus. 

Berger is a widely respected fertility doctor who is a co-founder of one of the nation’s largest fertility clinics, Boston IVF.

But now he is accused of using his own sperm instead of that of the resident’s sperm he said he was going to use.

And by doing so, the lawsuit argues that the doctor “violated Ms. Depoian.” 

The suit also claims Dr. Berger chose not to disclose this information to his patient. 

Misconduct was not a mistake

“Dr. Berger’s misconduct was not a mistake: Rather, in order to engage in the actions discussed in this lawsuit, Dr. Berger needed to masturbate in his medical office, walk over to his patient while carrying his own sperm, and then deliberately insert that sperm into his patient’s body — all while knowing that she did not consent to his sperm entering her body,” the lawsuit stated.

Depoian gave birth to her daughter, Carolyn Bester, in January 1981. 

Then in 2023, Bester purchased a DNA kit to learn more about her family history, and, to her shock, she eventually discovered that she was related to Berger. 

She told her mother about the results.

In 1983, Depoian had approached the doctor again for assistance with having another child, and she asked if they could use the same donor that Berger had used for her first. 

The fertility doctor told the mother that he did not know the donor’s identity, a statement the lawsuit said was a lie.

The complaint went on to contend that Berger concealed his fraud to avoid a lawsuit. 

The doctor later went on to found Boston IVF and became a “prominent” fertility doctor. 

Berger also spent time as a professor of Obstetrics, Gynecology and Reproductive Biology at Harvard Medical School.

The doctor’s lawyer responded to the lawsuit in a statement shared with media that said the plaintiff’s allegations have “no legal of factual merit.” 

“The allegations concern events from over 40 years ago, in the early days of artificial insemination,” the statement reads. “At a time before sperm banks and IVF, it was dramatically different from modern-day fertility treatment. The allegations, which have changed repeatedly in the six months since the plaintiff’s attorney first contacted Dr. Berger, have no legal or factual merit, and will be disproven in court.”

Jennifer Lahl, president of the Center for Bioethics and Culture Network, told The Christian Post that unfortunately fertility doctors using their own sperm to impregnate patients is not a new phenomenon, saying this has happened before without the patients’ knowledge. 

“This leaves the couple thinking they are raising their own biological child, only to discover years later what actually happened,” Lahl said. “With the advent of home DNA testing, the children produced from their mother’s physician’s sperm learn that the doctor is actually their biological father.” 

“The physician’s first duty is to Do No Harm, but in this case, the lies and deceit produce harm to not only the woman and her husband but also to the child that was born of this unethical deed.”

Pro-Life Press will keep you up-to-date on any developments to this ongoing story.