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Jennifer Cramblett, a white woman, who sued after she was
accidentally impregnated with the sperm of an African American man will be
forced to refile the lawsuit after an Illinois judge tossed out her claim
against the sperm bank.
The suit was filed against Midwest Sperm Bank in 2014
because she was artificially inseminated by sperm from the wrong donor and gave
birth to a mixed-race daughter.
The sperm bank apologized and refunded part of the cost to
Cramblett and her partner Amanda Zinkon. DuPage County Judge
Ronald Sutter rejected the lawsuit alleging wrongful birth and breach of
warranty after the mother said she was not culturally prepared to raise the
child.
The mix up for the Ohio couple came after the sperm bank had
made a clerical error. Cramblett said she loves her daughter Peyton who is
three now. Cramblett goes on to say that she was raised around stereotypical
attitudes about people of color and that she has limited cultural competency
around African-Americans.
Attorney Bob Summers who is representing the sperm bank
argued that the claim of wrongful death could not be legally sustained in a
case where a healthy child was born. Wrongful
birth cases are for addressing situations where the medical testing failed to
show risks of congenital or hereditary disorders to a child before birth.
The couple had wanted Cramblett to be impregnated with a
blond-haired blue-eyed man’s sperm so their child Peyton would resemble them
both. The case will be due back to court December 17th.
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