7 September 2015
A woman who sued a US sperm bank after she gave birth to a mixed-race child has had her claim rejected by an Illinois court, the Chicago Tribune reports.
Jennifer Cramblett, who is in a same-sex relationship, sued the Midwest Sperm Bank for breach of warranty and wrongful birth after a clerical error meant she was sent sperm from an African-American donor rather than a Caucasian donor (reported in BioNews 774).
She gave birth to a daughter, Peyton, but explained that although she loves her daughter, she had concerns about raising her in a predominantly white community. Cramblett and her partner are white, and she has previously said that her family often 'speaks openly and derisively about persons of colour'.
Judge Ronald Sutter dismissed the claim, agreeing with the sperm bank's arguments that a claim in wrongful birth - where a parent
sues for the birth of a child - could not be sustained where the child is born healthy.
The claim in breach of warranty under the state's laws on blood and tissue donations also failed as the statute did not cover such an event as this. 'Sperm is not tissue', Judge Sutter said.
Cramblett has been allowed to resubmit her claim in negligence, the Chicago Tribune explains, and the case is scheduled to return to court on 17 December.
SOURCES & REFERENCES
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The Chicago Tribune
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5 September 2015
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Mail Online
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7 September 2015
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The Guardian
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5 September 2015
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