Lawsuit: Black donor’s sperm mistakenly sent to same-sex white couple

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Payton (Family photo via attorney)

Uniontown, OH (WJW) — An Ohio woman is suing a Chicago sperm bank after she said she was inseminated with a vial from an African-American donor despite ordering a vial from a white donor.

According to the lawsuit filed in the Circuit Court of Cook County, Illinois, Jennifer Cramblett and her same-sex partner, Amanda Zinkon, who live in Uniontown, say one of their biggest fears is the life experiences their now two-year-old daughter, Payton, will undergo in what they describe in the lawsuit as their “all-white community” and “often unconsciously insensitive family.”

Cramblett is suing Midwest Sperm Bank for wrongful birth and breach of warranty.

According to the lawsuit, the couple decided in 2011 to start a family. They narrowed down donors at Midwest Sperm Bank and chose No. 380, a Caucasian man. After insemination, Jennifer learned she was pregnant in December 2011.

In April 2012, the couple — with plans to eventually have another child — called the sperm bank to order more vials from the same donor. That’s when they learned of the donor mix-up.

At five pregnant, Jennifer Cramblett (shown) and her same-sex partner learned that Cramblett had been inseminated with the wrong sperm from the wrong donor with the wrong ethnicity.

At five pregnant, Jennifer Cramblett (shown) and her same-sex partner learned that Cramblett had been inseminated with the wrong sperm from the wrong donor with the wrong ethnicity.

Jennifer had been given and inseminated with a vial from donor No. 330, an African-American man.

The lawsuit states that “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. Even so, Jennifer lives each day with fears, anxieties and uncertainty about her future and Payton’s future.”

At five pregnant, Jennifer Cramblett and her same-sex partner (shown) learned that Cramblett had been inseminated with the wrong sperm from the wrong donor with the wrong ethnicity.

At five pregnant, Jennifer Cramblett and her same-sex partner (shown) learned that Cramblett had been inseminated with the wrong sperm from the wrong donor with the wrong ethnicity.

The lawsuit gives several examples of their fears, including Payton entering an all-white school.

The lawsuit asks for compensatory damages in an amount exceeding $50,000.

An attorney for Midwest Sperm Bank says they cannot comment on the situation because of the pending litigation.

4 comments

  • Angela Mellissa Moreland

    Honestly I don’t feel they should really care what others think she is a gorgious lil girl and should be very grateful to have a child not everyone is able to conceive reguardless the route they decide to go ..As far as the “all-white community” & unconsciously insensitive family” it just goes to show there ignorance… By making a huge ordeal about the race of this beautiful child its as though you yourself are ashamed of her as well and its plain wrong

  • JustSayin

    Sounds like they just want money out of the deal. However it was a huge mistake and I can understand their concern.

  • Jazmina

    I understand being upset that the order was messed up but their “concern” of having a half black child as if its a bad thing is extremely piss poor. If they love her then why arent they thinking of how this will hurt that little girl when shes older and sees how her parents feel about what she is which she had no control over. This is extremely upsetting being mixed myself.

  • tabitha

    most of their “fears” could be easily remedied on their own; fears about her daughter in an all white school, etc. i do not see the big deal other than that they did not receive the sperm they asked for; that is one thing, but all the stuff about race is another. why not learn from having a biracial daughter and expand your knowledge and experiences: move to a more diverse area, try to expose yourself to African American and black culture, etc. some of the “fears” they express sound extremely illegitimate and stupid.

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