Fertility Doctor Accused of Using His Sperm to Inseminate Patient

A former physician in Washington state has voluntarily surrendered his license after one of his previous fertility patients in California accused him of using his sperm to inseminate her, claiming she has DNA evidence that he fathered one of her children, according to a state report.

The "concerning" allegation against former fertility doctor Christopher Herndon came to light in a report from the Washington Medical Commission, along with a notice that his license was "voluntarily suspended" in November. He is not eligible to renew or reactivate his Washington license.

A California woman, who was identified as Patient A in the report, alleges DNA testing revealed that more than a decade ago Herndon had "replaced the donor sperm" and instead inseminated her with his sperm without her knowledge or consent.

The incident happened in 2009 while Herndon was practicing reproductive medicine as a clinical fellow at a California hospital when the woman requested the same sperm donor that she used for her first child. She gave birth to her second child in 2010. However, DNA testing later revealed that her children did not have the same paternal DNA as expected. Further testing concluded that the baby born in 2010 did not share DNA with the donor the woman had selected, so she signed the child up for genetic testing and an ancestry tracking service.

Through the ancestry tracking service, she discovered a "familial connection" who shared the same last name as her fertility doctor, Herndon, according to the summary of allegations. A private investigator hired by the woman discovered the familial match was Herndon's sibling, the documents allege.

In June, the patient sent the findings and medical records as well as a civil case to the Washington Medical Commission.

"This was a purposeful violation of the trust placed in [Herndon] as a physician which had a profound impact on the patient and the patient's family," states a medical commission stipulation to informal disposition.

Herndon has been practicing medicine in Washington state since at least 2017, University of Washington Medical Center (UW Medicine) spokesperson Susan Gregg told Newsweek in an email on Wednesday.

It was unclear at the time of publication when exactly Herndon moved from California to Washington or if he practiced medicine anywhere else.

Newsweek's attempts to reach Herndon for comment via phone were unsuccessful on Wednesday night.

Gregg said Herndon was hired as a physician at UW Medical Center Reproductive Care clinic in 2017 and resigned in September of this year, roughly two months before surrendering his license. Herndon was also an associate professor in the university's Department of Obstetrics and Gynecology.

Gregg said that UW Medicine "recently became aware of a concerning allegation in California and the license surrender of Dr. Chris Herndon."

She told Newsweek that the "safeguards in place" at UW Medicine should prevent an incident like the one alleged to have happened with one of Herndon's California patients.

"Even though we currently have no evidence of impropriety at UW Medicine, we imagine that this news may be unsettling for some of our patients," Gregg said. "As a result, we proactively reached out to patients this past weekend based upon their visit type with former physician Dr. Chris Herndon. We are offering Intrauterine Insemination and In Vitro Fertilization patients DNA testing if desired, free of charge."

For UW Medicine patients with questions or concerns about this issue, the health system has set up a dedicated phone line at 206-520-8755, Gregg said.

"In addition, we are reviewing our safeguards and procedures to continue to ensure the highest level of specimen security," she said. "Of the numerous safeguards we employ, we include multiple identity checks, careful chain of custody practices, and separate labs for egg and sperm specimens. We do not believe that our patients were at risk. The safety and well-being of our patients, and the integrity of our practice, is paramount to everyone at UW Medicine."

It was unclear at the time of publication whether Herndon could face a criminal investigation. California is one of several states that has a "fertility fraud" law, which says that it is illegal to use reproductive material for uses beyond what is stated on a consent form.