A woman who claims a sperm bank mixed up her request resulting in a baby she didn’t want is trying again to sue.
The Ohio woman is back in court after her first attempt to sue the sperm bank for what she considers to be wrongful insemination was dismissed.
Filing the lawsuit in Chicago on Friday, Jennifer Cramblett claims the Midwest Sperm Bank is guilty of fraud, misconduct and negligence after it botched her request for a white sperm donor and she gave birth to a mixed race child.
Both Cramblett and her partner Amanda Zinkon are Caucasian.
Cramblett speaking with the US's Today Show. Source: Youtube.
Despite giving birth to a happy, healthy baby girl named Payton in August 2012, Cramblett claims that after being inseminated with the sperm of an African-American donor, she and Zinkon now face "numerous challenges and external pressures associated with an unplanned transracial parent-child relationship for which she was not, and is not, prepared."
These pressures include the predominantly white area in which they live, and Cramblett's extended family, who struggle with her sexuality and have been described as "often unconsciously insensitive".
Cramblett discusses her reasons for suing. Post continues after video...
Cramblett - who learned of her baby's mixed race while pregnant - says that she and Zinkon love Payton, but before undergoing insemination had requested a donor with "genetic traits similar to both of them," and spent time looking through donors histories and physicality.
The error occurred after the couple had selected a donor and the centre misread the donor number.
According to Cramblett's earlier lawsuit, which was unsuccessful and ultimately dismissed, "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."
An image of Payton, shared by her mothers. Source: Youtube.
The lawsuit continued to say that after giving birth to the "obviously mixed-race baby girl" Cramblett and Zinkon bonded easily with their daughter, and despite loving her very much, Cramblett still "lives each day with fears, anxieties and uncertainty about her future and Payton's future."
The couple have said that the sperm bank posted a letter of apology and refund upon learning of their mistake and have since been unavailable for comment.
She is seeking compensation of more than $150,000 USD over the issue and if successful, hopes to be able to move to a more diverse area so that her daughter will be more comfortable when growing up