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Lesbian sues for ‘breach of warranty’ after giving birth to mixed-race baby

Nick Duffy September 7, 2015

A lesbian who sued a sperm bank because she was impregnated with a black man’s sperm has lost her lawsuit.

Jennifer Cramblett, of Uniontown, Ohio, had filed a lawsuit against Midwest Sperm Bank because she gave birth to a mixed-race daughter, after requesting a white man’s sperm.

She filed papers alleging wrongful birth and breach of warranty, claiming she had experienced difficulties raising the mixed-race child in a white community.

Cramblett and her partner Amanda Zinkon chose the sperm of donor 380 – who is white – but she was mistakenly impregnated with sperm from donor 330, who is African-American.

However, DuPage County Judge Ronald Sutter tossed out the lawsuit this week.

The lawsuit had claimed: “On August 21, 2012, Jennifer gave birth to Payton, a beautiful, obviously mixed-race baby girl.

“Jennifer bonded with Payton easily and she and Amanda love her very much.

“Because of [her] background and upbringing, Jennifer acknowledges her limited cultural competency relative to African-Americans and steep learning curve, particularly in small, homogenous Uniontown, which she regards as too racially intolerant.”

The lawsuit also claimed that Cramblett’s “all white and unconsciously insensitive family” could have a negative effect on her daughter, while Cramblett experiences “stress and anxiety” when thinking about sending the child to a mainly-white school.

However, the judge did not entertain the case – ruling that the case could not be heard under either the grounds of wrongful birth or breach of warranty.

However, she may still pursue a gross negligence claim.

More: adoption, appeal, baby, bank, Black, donor, IVF, Law, lesbian, LGBT, sperm, Sperm bank, US

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