Posted on 05/01/2015 7:14:02 AM PDT by Citizen Zed
In their first response since the case sparked a national race debate months ago, lawyers for Midwest Sperm Bank this week pushed for the suit's dismissal because they said Illinois law does not recognize damages or extra costs associated with raising a healthy child.
In her lawsuit, filed last fall, Jennifer Cramblett said she became pregnant in December 2011 through artificial insemination with sperm donated by a black man instead of a white donor as she and her same-sex partner had intended.
Cramblett said she learned of the alleged mistake five months into her pregnancy, when she called the sperm bank to reserve another sample from the same donor so her partner, Amanda Zinkon, would have a child with a similar blood relation as the older sibling.
The mistake resulted, the litigation alleges, because the sperm bank keeps handwritten records and an employee misread the donor numbers. The couple selected donor No. 380 after reviewing the man's profile but were instead given sperm from No. 330, according to the lawsuit.
A month after Cramblett said she learned of the mistake, the sperm bank sent a partial refund check and an apology letter. The couple's daughter, Payton, was born in August 2012. The child is described in the lawsuit as "a beautiful, obviously mixed race, baby girl" whom her parents "love very much."
Cramblett accused Midwest Sperm Bank of breach of warranty and "wrongful birth," which is how the applicable Illinois statute is worded. But in their motion to dismiss, attorneys for the sperm bank said the law regarding wrongful birth claims applies if Payton had a hereditary or genetic disorder that could have been detected through "prudent medical care" before conception or birth.
(Excerpt) Read more at my.chicagotribune.com ...
>>In her lawsuit, filed last fall, Jennifer Cramblett said she became pregnant in December 2011 through artificial insemination with sperm donated by a black man instead of a white donor as she and her same-sex partner had intended.
How intolerant.
There are so many things wrong with this situation it is hard to know where to begin.
And ballsy. Or maybe no-ballsy.
They need to go suck air. Love the kid and shut the hell up. You cannot create a child on your own. Take what you get gratefully, cheerfully.
By comparison, the wedding cake problem looks pretty small -- particularly to a couple of lesbian-privileged racists.
This story is so horrifically beautiful.
As an aside, how is it that in 2015, The Chicago Tribune can’t make a website that appears properly and is useful to a user on a Galaxy S6?
They’re really laffin’ in Boston, Philadelphia PA
Down in The Heart of Texas, around the Frisco Baaaayyy . .
Of course mommy and daddy love you sweetheart. We're just suing because your defective.
No “daddy” in this situation - it is two mommies instead.
Now go for child support.
If these “lesbians” really feel that strongly, they should give the daughter up for adoption.
I don’t know the laws in this area, whether there is any legal liability or any of that. Just saying, they don’t like the results, but the results here are another human being. Give that child to someone who will love and cherish her.
Don’t sit around and bitch about how your mostly white Ohio town can’t accept your daughter, or how you have to travel to a black neighborhood to get hair care products. Make your choice.
Oops. My bad. Sorry, but I just couldn't bear to read further.
Yeah I know what you mean. This whole situation is just .... wrong.
Try “dolphin browser” on you galaxy. In the settings change the user agent to iPhone to trick the tribune. If you get a popup at the trib, close the tab and go there a second time. I also like to turn off JavaScript on some sites.
Or karma who knows?.
I still think she snuck out on her “partner” for a quick one.
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