KEY POINTS

  • The woman visited Greenberg’s office in 1983 and her daughter was born the next year
  • The "fraud" came to light after the woman's daughter bought a DNA kit 
  • The lawsuit also asks the doctor to provide a copy of his personal health history

A New Jersey woman has filed a lawsuit against her fertility doctor, accusing him of secretly using his own sperm to impregnate her nearly 40 years ago, despite her requesting an "anonymous donor from a sperm bank."

A federal lawsuit filed Tuesday in U.S. District Court for the Southern District of New York by Bianca Voss accuses Dr. Martin D. Greenberg, who practiced in New York City, of "medical rape," reports NBC News.

The complaint read that Voss, now 75, visited Greenberg’s office in 1983 with hopes of becoming a mother. She paid him $100 to secure sperm from an anonymous donor at a sperm bank. The procedure led to a successful pregnancy and her daughter, Roberta Voss, was born in 1984.

The alleged fraud came to light when Roberta purchased a DNA kit from 23andMe in the fall of 2020. She discovered her biological father was a man named Martin Greenberg, born in 1943 and now living in Florida.

The complaint by Bianca Voss' attorney Jason Kane stated: "Without plaintiff’s knowledge or consent, Greenberg used his own sperm to impregnate her, rather than, as promised, use an anonymous donor from a sperm bank.”

"He did so without her consent and against her wishes. Some people call this horrific act ‘medical rape.’ But regardless of the name, Greenberg’s heinous and intentional misconduct is unethical, unacceptable, and illegal."

"Plaintiff is shocked and devastated by Greenberg’s disgusting abuse of his power to violate her trust," the complaint stated.

Voss told reporters Tuesday that she wanted someone anonymous. "He did say, 'Do you mind the donor is Jewish?' And I said 'no' and that was it. I kind of thought it might be a medical student from the hospital, but that was it. And then he asked me for the check for $100 to cover the donor, his inconvenience," NBC News quoted the woman as saying.

The woman's daughter told the news network that when the DNA results came back, it was difficult for her to accept her “new reality.”

"There in black and white, Dr. Greenberg .... was identified as my father. Not my possible father, not someone sharing a lot of the same DNA characteristics, it says flat out, he is my father," Roberta told NBC. She said it's "horrifying to look in the mirror and see the person who violated my mother."

The lawsuit seeks punitive damages and asks Greenberg “to provide a copy of his personal health history.”

"Aware that Greenberg’s son, unfortunately, passed away at an early age, [Voss’s daughter] wanted to know if she may have inherited a concerning medical condition," the lawsuit claims. "She also wanted to know if she may have passed on such a condition to her own child," it read.

A press release announcing the lawsuit also cites the New York State Department of Health record that proves Greenberg was barred from performing surgeries in New York State in 2010.

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