Sperm bank describes Sperm Donor as follows:
- holds PhD in neuroscience
- has IQ of 160
To numbers of would-be mothers seeking a sperm donor for their prospective children, Sperm Donor sounded pretty appealing.
So those would-be mothers signed on and gave birth to babies using Sperm Donor’s DNA.
Only, later on, those same mothers discovered Sperm Donor’s identity and that, far from possessing a PhD in neuroscience, Sperm Donor was not even a college graduate. Worse, Sperm Donor was a convicted felon … and diagnosed schizophrenic.
Finding the gap between the “advertising” and the reality extreme and distressing, the mothers sued the Georgia sperm bank they had turned to.
Their legal claims were expressed in the legal language of product liability, negligence, fraud, breach of warranty and commerical-type civil claims for money damages.
A Georgia trial judge rejected every single claim for damages though.
It’s not that the judge was condoning the sperm bank’s conduct. Hardly.
The problem is that the judge concluded that the monetary claims were in substance claims for ” wrongful birth” … claims not allowed in Georgia as a matter of public policy. Roses by another name, so to speak.
The trial judge did permit the mothers to press their nondamages claim for an order seeking additional information about the Sperm Donor from the sperm bank.
The judge also paved the way for the mothers to mount an expedited appeal of his ruling.
This case is one of roughly a dozen throughout North America brought by mothers in the same boat as these Georgia mothers.
Read more in this Atlanta Daily Report article: Judge Tosses All but One Claim in Sperm Bank Suit Over Donor’s Background.