You Might Like
White lesbian accidentally impregnated with black man’s sperm loses case
A legal case from a white woman who gave birth to a mixed-race baby after being accidentally impregnated with a black man’s sperm has been dismissed by a judge in Illinois.
Jennifer Cramblett sought damages from the Midwest Sperm Bank of Downers Grove, alleging ‘wrongful birth’ and ‘breach of warranty’.
Cramblett purchased sperm from donor 380, a blond-haired, blue-eyed man, so the baby would look similar to her partner Amanda. She successfully became pregnant in 2011.
But, due to a clerical error, they were sent vials of sperm from donor 330, an African-American man.
When the error became apparent, the clinic wrote a letter of apology and issued Cramblett with a refund for the sperm samples that she had already purchased.
Cramblett told the court she loved her mixed-race daughter, Peyton, who is now three, but argued she had ‘limited cultural competency relative to African Americans’ and is undergoing a ‘steep learning curve.’
The lawsuit explained: ‘As just one example, getting a young daughter’s hair cut is not particularly stressful for most mothers, but to Jennifer it is not a routine matter, because Payton has hair typical of an African American girl. To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome.’
In a previous interview with NBC News, Cramblett said she wanted to take this into her hands so this would never happen to anyone else.
Speaking in 2014, she said: ‘You can’t just do that and say, “Well you got a baby… so you should be happy. Lesbian couples can’t get a baby anyway… you should be happy you have a healthy child”. I am happy that I have a healthy child.
‘We love her more to this day, she’s made us the people that we are, never trade her for the world… but I’m not going to let them get away with not being held accountable.’
Attorney Bob Summers, representing the sperm bank, argued that Cramblett’s claim of ‘wrongful birth’ could not be legally sustained, as the child is healthy; ‘wrongful birth’ address cases where medical testing was negligent and failed to show risks of congenital or hereditary disorders to a child before birth.
Cramblett also claimed ‘breach of warranty’ under a state law covering blood and tissue donations – but DuPage County Judge Ronald Sutter ruled sperm is not tissue.
While Sutter said these claims ‘lacked legal merit’, he said Cramblett could refile the case under a negligence claim.
The case is due back in court on December 17.
The post White lesbian accidentally impregnated with black man’s sperm loses case appeared first on Gay Star News.
Mel Spencer
www.gaystarnews.com/article/white-lesbian-accidentally-impregnated-with-black-mans-sperm-loses-case/
You Might Like
