In 2014 when Jacoba Ballard, a daughter of a former patient of Cline, reviewed the results of her at-home
DNA test, she discovered a biological connection to eight previously unknown half-siblings. Her
genetic genealogy research ultimately revealed Cline, her mother's fertility doctor, as her biological father. Cline is now known to have covertly fathered at least 94 offspring.
Investigations and litigation Ballard filed a complaint with the
Attorney General of Indiana who initiated an investigation in 2015. Then Indiana attorney general Tim DeLaney declined to prosecute because "there was no law forbidding Cline's conduct." Ballard then pursued media coverage.
Fox59 anchor Angela Ganote investigated her story. Documents show that he had told investigators, "I can emphatically say that at no time did I ever use my own sample for insemination nor was I a donor." After a story aired on Fox59, Cline left a voicemail for Ballard contradicting what he had told investigators. "Uh, this is Dr. Cline, You know, I thought I was doing the right thing. I only donated my own sample nine or 10 times," he said. He had placed the call to ask Ballard for help with damage control. "Um, my wife and I, uh, after 57 years of marriage, um, we have had a great deal of problems over this. She considers this adultery. I donated my sample. Gonna lose my wife. Our marriage will be over. Can you help?" On November 30, 2016, Elizabeth White and son Matthew White filed a proposed complaint for damages and demand for jury trial with the State of Indiana Department of Insurance. The proposed complaint cites negligence, constructive fraud, battery, breach of contract, breach of express warranty, and negligent hiring or retention as to defendant and reproductive endocrinology associates. They then filed a multi-count complaint in Marion Superior Court. Cline's motion to dismiss was denied. In an interlocutory appeal, a panel of Indiana Court of Appeals affirmed the lower court's decision, finding that "Matthew sufficiently stated breach of contract and tort claims for which relief can be granted." As of May 2022, Cline had paid out more than $1.35 million to settle three civil lawsuits filed by donor children and families. Three more are pending. Ballard lobbied the state of Indiana for change. On May 17, 2019, Indiana became the first state to designate fertility fraud as a Level 6 felony.
S.E.A. 174, P.L. 215 became effective July 1, 2019. It reads: Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity or quantity of property to a Level 6 felony if the offense involves a misrepresentation relating to: (1) a medical procedure, device, or drug; and (2) human reproductive material. Urges the legislative council to assign the topic of fertility laws, including gestational surrogacy, to an appropriate study committee. States which have enacted legislation:
Arizona,
Arkansas,
California,
Colorado,
Texas,
Kentucky,
Oregon,
Pennsylvania,
Washington There is no Federal legislation specifically applicable to fertility fraud. ==Effect on Cline's patients and their children==