OHIO- Lesbian Jennifer Cramblett had a dream to have a baby that looked just like herself and her partner. Unfortunately for them, it’s impossible to make a human without the help of a man so they went to a local sperm bank. Midwest Sperm Bank provided them with their ‘hand-picked’ sperm. They wanted their child to look most like them so chose sperm from a man who had blonde hair and blue eyes.
There was a poor clerical error that was discovered 9 months later after the baby was born. The error resulted in a mixed- race girl whom they names Peyton. She is 3-yrs-old now and I guess her ‘blackness’ is coming out more than the lesbians thought because they decided to sue the sperm bank for giving them the wrong sperm. When the sperm bank found out they gave them a partial refund but Cramblett wanted blood for the mistake. DuPage County Judge Ronald Sutter dismissed their lawsuit as they sued alleging wrongful birth and breach of warranty. Midwest Sperm Bank’s lawyer argued that the woman’s claims lacked legal merit.
Attorney Bob Summers, representing the sperm bank, argued that Cramblett’s claim of “wrongful birth” could not be legally sustained in a case where a healthy child was born. “Wrongful birth” cases are meant to address situations where parents say medical testing was negligent and failed to show risks of congenital or hereditary disorders to a child before birth, he said.
The judge agreed and dismissed that claim. A few minutes later, Sutter dismissed Cramblett’s claim that the sperm bank’s error amounted to a “breach of warranty” under a state law covering blood and tissue donations.
Cramblett is white. She claims to love her daughter, Peyton, 3. She said that she ‘was raised around stereotypical attitudes about people of color, she said, and she has limited cultural competency around African-Americans’. I guess when it comes to being a parent, part of the gift is all of the surprises that come along with a little human being. Color of skin should be as unimportant as if the child is left-handed or not. Ironically this lesbian couple who should have a heightened sense of intolerance toward themselves, seem to lack tolerance for their child. What happened to the phrase ‘born that way’? Not all kids turn out exactly as parents expect but it’s important to embrace them and do your best to understand them, right?
The judge told Jennifer Cramblett that she could re-file her lawsuit under a negligence claim which makes more sense, since this happy mistake was result of one persona negligence NOT a wrongful birth. There is NEVER anything wrong with a birth.