Mom Sues Sperm Bank (Again) After Giving Birth to a Black Baby

Jennifer Cramblett and Amanda Zinkon are a blonde and blue-eyed lesbian couple with a biracial baby named Payton. Originally, they’d wanted a baby that looked like them both.

When Cramblett decided to get artificially inseminated at a sperm bank, she’d stressed that she wanted a blonde and blue eyed sperm donor. In fact she’d handwritten the code for the request, which is number 380, on the appropriate paperwork. Unfortunately for Cramblett, an employee at the sperm bank read the number as 330, which is a request for vials of sperm from African American donors.

After the mixup, Cramblett said she spoke with the clinic’s reception and corrected the mistake. ‘[Cramblett] corrected the receptionist, pointing out that she was ordering sperm from donor No 380,’ the lawsuit says. But the receptionist obviously didn’t take note or didn’t pass on the information.

Even though Cramblett insists she loves Payton, now three, she says that she didn’t get what she asked for and she is suing the sperm bank over the mix-up. She also says she lives in a predominantly white community and is worried Payton will grow up to be an outcast. Already, the little girl Payton is the only non-white child in class at her school.The sperm bank’s mistake, Cramblett says, has caused stress, pain and suffering.

Cramblett’s lawsuit says: ‘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. To get a decent cut, Jennifer must travel to a black neighborhood, where she is obviously different in appearance, and not welcome. Jennifer was crying, confused and upset. All of the thought, care and planning that she and Amanda had undertaken to control their baby’s parentage had been rendered meaningless. In an instant. Jennifer’s excitement and anticipation of her pregnancy was replaced with anger, disappointment and fear.’

The sperm bank sent Cramblett an apology note and a refund for the services but that didn’t satisfy Cramblett, who’s trying to sue for $50,000 in damages.

Cramblett lost her case after the residing judge threw out her claim for damages for wrongful birth and breach of warranty. Cramblett still plans to resubmit her claim on the grounds of negligence and will return to court in December.

What do you make of this case? Is she being racist or does she deserve the $50K? Also, do you think she’s fit to raise a biracial child after admitting such disappointment?

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