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Texas sperm bank sued for giving sperm to man's ex-girlfriend

17 August 2015
Appeared in BioNews 815

A court case has begun involving a man's claim against a US fertility clinic and his ex-girlfriend, who allegedly procured vials of his sperm without his permission to conceive a child.

In 2002, Layne Hardin and his girlfriend at the time, Katherine LeBlanc, visited the West Houston Fertility Clinic (which later became Texas Andrology) to store some of his sperm before he had a vasectomy. The sperm was placed under the authority of LeBlanc (see BioNews 695).

The couple broke up in 2006 and Hardin then began dating another woman, Tobie Devall, with whom he visited the same clinic in 2008 to discuss the possibility of having a child together. They chose not to do so at that time and their relationship ended the following year.

Hardin and LeBlanc's claim form alleges that Devall later revisited the clinic and procured two vials of Hardin's sperm without his permission. She became pregnant and gave birth to a son in 2010. Hardin claims Devall became pregnant to spite him, and he is held accountable to pay US$1000 per month in child support for a son he has never met.

Devall's counter claim asserts that Hardin knew of her plans, however, and states that she did nothing wrong. The clinic is also being sued for a breach of contract and negligence. Hardin says that proper measures were not put in place to ensure that his sperm was safe.

Cade Bernsen, Hardin's lawyer, said: 'There are more security checks in place for me going and buying alcohol at a gas station than there were for her to receive a man's DNA and the building blocks of life.'

'They've been waiting patiently. It's gonna be a spirited trial, a heated trial, and we believe ultimately the justice system will take care of itself,' he added.

24 July 2017 - by Georgia Everett 
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13 April 2015 - by Nina Chohan 
A Canadian couple has filed a lawsuit against US-based sperm bank, Xytex, after they discovered that the sperm used to conceive their child was provided by a 'college drop out' with a criminal record and a history of schizophrenia...
8 December 2014 - by Antony Starza-Allen 
A claim filed against an Ohio sperm bank for using the wrong sperm donor leading to a woman giving birth to 'a beautiful, obviously mixed race, baby girl' ignited a furore because of race...
6 October 2014 - by Chee Hoe Low 
A woman is suing a sperm bank in Ohio, USA, after she became pregnant with sperm from the wrong donor...
28 May 2014 - by Patricia Cassidy 
An Illinois county court has granted a woman control over embryos created with her ex-boyfriend's sperm, despite his objection to their use....
23 July 2012 - by Julianna Photopoulos 
Three men are considering legal action against a sperm bank in the USA after their frozen sperm samples were allegedly destroyed following a reported malfunction in the bank's storage system. Its operators have said the error could affect as many as 200 patients, reports the Chicago Tribune....
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