A judge has dismissed a white woman’s claim against a sperm bank that mistakenly provided sperm from a black donor, resulting in a mixed-race child that she said she was not culturally prepared to raise.
Jennifer Cramblett sought damages from the Midwest Sperm Bank in Illinois for wrongful birth and breach of warranty.
But Judge Ronald Sutter said a “wrongful birth” claim could be sustained only where testing had failed to reveal risks of hereditary or congenital disorders.
Ms Cramblett became pregnant in December 2011 through artificial insemination, using sperm donated by a black man, instead of the white donor she had selected. When the mistake, due to a clerical error, was discovered, the sperm bank issued an apology and a partial refund.
Ms Cramblett told the court that she loved 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 family live in Uniontown, Ohio, with a population of only 2,802 and Ms Cramblett is reported to have said she feared the child will be the only non-white child in her school.
Ms Cramblett has been invited to resubmit her claim on the grounds of negligence.