Judge in Illinois dismisses woman’s claim against a sperm bank for wrongful birth and breach of warranty.
A legal claim by a woman who gave birth to a mixed race baby after accidentally being 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, Illinois for wrongful birth and breach of warranty, the Chicago Tribune reported.
Ms Cramblett and her same sex partner bought sperm from the sperm bank.
Ms Cramblett told the court that she did love her mixed race daughter, Peyton, who is now aged three.
But because of her upbringing she had stereotypical attitudes about black people and had “limited cultural competency” when dealing with African-Americans.
The sperm bank has apologised and paid a partial refund.
Dismissing the case, Judge Ronald Sutter, said a “wrongful birth” claim could only be sustained where testing had failed to reveal risks of hereditary or congenital disorders.
However Ms Cramblett has been invited to resubmit her claim on the grounds of negligence.
She is due back in court on December 17.