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N4T Investigators: Governor signs Fertility Fraud Bill

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TUCSON (KVOA) - Governor Doug Ducey has signed a new bill that allows lawsuits against fertility doctors for secretly using their own sperm to impregnate their patients.     

News 4 Tucson Investigators first broke the story back in October.

A former Tucson doctor, James Blute III, helped deliver hundreds of babies over his career, but one mother said he did more than that.

The Fertility Fraud bill was a bi-partisan bill that allows women and their families to sue the doctors who use their sperm to artificially inseminate their patients without their consent. Kristen Finlayson is a victim of fertility fraud and when she first learned about it she vowed she was going to work towards getting legislation passed. When she heard the news Governor Ducey had signed the bill into law she cried.

Finlayson learned through an over-the-counter DNA kit that the Tucson doctor who delivered her and her brother was their biological father. Dr. James Blute III was her mother's ob-gyn.   At the time he was also head of the women's services at Tucson Medical Center. She has since learned she has about a dozen siblings. Arizona now joins California, Indiana, Texas Florida and Colorado as far as having legislation against fertility fraud.

However, this law is not retroactive. "It's fine not being retroactive. I'm just happy this can never happen again, and people and other families will not have to go through what my family and my sibling's families are having to go through right now.  That was the main goal to keep this from happening again."

Now that doctors can be held liable under Arizona law, she now wants them to be charged criminally. That's the next step.

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Lupita Murillo

Lupita Murillo is an investigative reporter. She is part of the Digging Deeper team that uncovers important issues focusing on crime that affects the community.

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