White woman, accidentally impregnated with black man's sperm, loses in court
A white lesbian who sued a sperm bank for accidentally giving her a black man's sperm had her case thrown out of court, with the judge telling her she could refile the suit using a different basis for her case.
Jennifer Cramblett filed suit against Midwest Sperm Bank in 2014 because she was artificially inseminated with 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. But Cramblett’s suit alleged that the mistake caused her and her family stress, pain, suffering and medical expenses. And, the suit said, in Cramblett’s predominantly white community, she feared that her daughter, Payton, now 3, would grow up feeling like an “outcast.”
But DuPage County judge Ronald Sutter threw out the lawsuit Thursday, agreeing with attorneys for the sperm bank who argued that it lacked legal merit, according to the Chicago Tribune.
Attorneys for the sperm bank had argued that “wrongful birth” suits typically apply to cases where the child is born with a birth defect that doctors should have warned parents about; in this case, the child was healthy. Cramblett had also sought damages for a “breach of warranty.” The judge rejected both claims but said that Cramblett could refile the suit as a “negligence claim,” the Tribune reported.
At the heart of the lawsuit was Cramblett’s claim that she was unprepared to raise an African American child and that her community and her “unconsciously insensitive” family members might not be accepting of a child of a different race.
“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,” the lawsuit said. “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.”
I suppose the judge acted properly in a legal way, but "negligence" seems an understatement for the life changing ordeal this woman is going through and will continue to go through for many years. I suspect there is some exaggeration of her fears in order to win the case, but her choices are limited; she can either raise the child as a white girl and prevent her from getting in touch with her black heritage, or make the arduous effort to incorporate elements of her black background to help her figure out who she is. Note the problems our current president had with coming to terms with his bi-racial self. It's not easy, even if the parents have the best of intentions.
I suspect the sperm bank will settle the case - they don't have much of a defense. But you wonder what this little girl will be like in 20 years.