An Ohio woman who accused an Illinois sperm bank of mistakenly providing sperm from a black donor, saw her case dismissed on Thursday, reports the Guardian.
County Judge Ronald Sutter rejected Jennifer Cramblett’s claims that the Midwest Sperm Bank was negligent, and resulted in wrongful birth and breach of warranty.
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Cramblett, of Uniontown, Ohio, accused the Illinois sperm bank of providing sperm from a black donor, which resulted in her giving birth to a mixed-race child, a feat she says she was not culturally prepared for.
She became pregnant in December 2011 through artificial insemination. She and her partner had selected a white donor, but due to a clerical error received sperm from a black donor instead. When the sperm bank realized their error, they issued an apology and a partial refund.
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Cramlett says she loves her daughter, who is now three, but argues that her upbringing allowed for “limited cultural competency” with African Americans.
Attorney for the Midwest Sperm Bank, Bob Summers, says that Cramblett’s claim of “wrongful birth” cannot be legally upheld as the child was born healthy. Such a claim could only be sustained if medical testing was negligent, falling to show health disorders before the child is born.
Lynsey Stewart, also defending the sperm bank says that the Illinois Blood and Organ Transaction Liability Act does not intend to include sperm donations.
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