White mother sues sperm bank for reparations for her black child
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  White mother sues sperm bank for reparations for her black child
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Lief 🗽
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« on: October 03, 2014, 10:19:56 PM »

http://www.washingtonpost.com/news/morning-mix/wp/2014/10/02/white-woman-sues-sperm-bank-after-she-mistakenly-gets-black-donors-sperm/

An Ohio mom and her same-sex partner are suing a Chicago-area fertility clinic for sending sperm from a black donor instead of the white donor’s sperm that she ordered.

Thirty-six-year-old Jennifer Cramblett of Uniontown, Ohio, said that, as a lesbian, she knows what discrimination feels like. She doesn’t want her mixed-race daughter, Payton, to feel the same pain because of the color of her skin.

According to court documents, the 2-year-old girl is already facing racial prejudice in Uniontown, a community of 3,300 people — 97 percent of whom are white.

...

“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,” it said. “To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome.”

“I don’t want her to ever feel like she’s an outcast,” Cramblett told NBC News.

The lawsuit was filed Monday against Midwest Sperm Bank for wrongful birth and breach of warranty, citing emotional and economic damage.
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NewYorkExpress
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« Reply #1 on: October 03, 2014, 10:38:26 PM »

Given that I highly doubt that this anywhere near deliberate, this mother has no case.

If this was deliberate, or any kind of practical joke on the other hand....
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True Federalist (진정한 연방 주의자)
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« Reply #2 on: October 03, 2014, 10:55:08 PM »

Given that I highly doubt that this anywhere near deliberate, this mother has no case.

If this was deliberate, or any kind of practical joke on the other hand....

It doesn't require that this be deliberate to be lawsuit worthy.  While it would affect whether punitive damages are suitable, if a lapse on their part was to blame, it should still be subject to tort, even without deliberate intent.
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bullmoose88
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« Reply #3 on: October 03, 2014, 10:58:54 PM »

Given that I highly doubt that this anywhere near deliberate, this mother has no case.

If this was deliberate, or any kind of practical joke on the other hand....

It doesn't require that this be deliberate to be lawsuit worthy.  While it would affect whether punitive damages are suitable, if a lapse on their part was to blame, it should still be subject to tort, even without deliberate intent.

Negligence and the reasonable sperm bank. Oh dear God.
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Cory
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« Reply #4 on: October 03, 2014, 11:31:20 PM »

I'm sure this will be great for the girl's self-esteem growing up.
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dead0man
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« Reply #5 on: October 04, 2014, 12:01:10 AM »

I'm sure this will be great for the girl's self-esteem growing up.
That was my first thought too.

"there is nothing wrong with you honey, mommy just wishes you were a little whiter"

Even if you're pissed you were lied to, even if you think you have a case, you should probably just suck it up and go on with your life.
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tik 🪀✨
ComradeCarter
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« Reply #6 on: October 04, 2014, 05:41:51 AM »

Your choice of the word "reparations" is exceptional.
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Antonio the Sixth
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« Reply #7 on: October 04, 2014, 08:03:35 AM »

How is it even legal to ask for sperm from a particular racial group? That's clearly discrimination.
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angus
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« Reply #8 on: October 04, 2014, 08:05:22 AM »

Your choice of the word "reparations" is exceptional.

Not really.  At least not in the United States.  We're a very litigious society, and folks sue for reparations all the time.  It's sometimes called restitution, but I think that is if you steal something.  If you just piss somebody off, and they can get a psychiatrist to testify that it causes you lots of grief and anguish, it's called damages.  She's calling it "damages" in another article I read.  Also, war damages are usually called reparations.

Apparently they meant to get the vial from Donor Number 380, a white guy, but somehow somebody got the vial from Donor Number 330, a black guy.  She talks like they did this intentionally, but in another article they say it was a mistake.  The couple want to use the damage money for "ongoing counseling" for the girl.  I think we probably have way more data on mixed race children than children with two mothers.  This woman has other big problems as well:  "Ms Cramblett says her family has difficulty accepting the fact that she is gay and encourage her to hide her sexual orientation when she is around them."  I hope that the child turns out fine, but I imagine that she'll have greater demons than being a mixed-race child, which I don't really see as a problem in and of itself.  It's only a problem once her mother starts going on in front of her about how she ordered a blonde baby but got the brunette, and I have little doubt that this will happen at some point.

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tik 🪀✨
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« Reply #9 on: October 04, 2014, 08:15:37 AM »

I am aware that the word "reparations" is used formally in a certain way. My comment is that it was used in a (racially motivated) kind kind of way that is trollish. In this way, it is exceptional to me.
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memphis
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« Reply #10 on: October 04, 2014, 09:12:31 AM »

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Paul Kemp
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« Reply #11 on: October 04, 2014, 09:50:06 AM »

How is it even legal to ask for sperm from a particular racial group? That's clearly discrimination.

Would you rather they spin a Wheel o' Random Sperm and the mother gets what they get?

Perhaps it can be classified as a sort of discrimination but I think it should probably be OK for a woman who is allowing a such a substance into her body from an unknown source to create her own new human to have as many options as possible, whether it's knowing the donors, race, eye color or favorite Simpsons character. This is obviously a monumental and personal life decision and I don't see how you not allow such a choice.

but yea, this woman seems like a dummy.
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Tender Branson
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« Reply #12 on: October 04, 2014, 10:00:06 AM »

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Of course there are some people out who actually badly wanted to buy the MacBook and taking the Sony VAIO with them "because they don't mind".

...

Nonetheless, because the small black child is a human being and not a PC, I wouldn't treat it any other than if the sperm bank worked correctly and a white kid was born.

Still, the sperm bank made an error and needs to pay for it.
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Lief 🗽
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« Reply #13 on: October 04, 2014, 10:04:26 AM »

Your choice of the word "reparations" is exceptional.

Unfortunately it's shamelessly stolen from Ta-Nehisi Coates' twitter.
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Deus Naturae
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« Reply #14 on: October 04, 2014, 10:36:39 AM »

How is it even legal to ask for sperm from a particular racial group? That's clearly discrimination.
Women are generally allowed to choose the race of their sex partners, so...
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They put it to a vote and they just kept lying
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« Reply #15 on: October 04, 2014, 10:40:08 AM »

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Uhhhh???

As has been said, there is no case here. This woman clearly doesn't love her kid enough because she ended up being a different race, and now she's trying to mask her overt racism by making it seem like she gives a fyck about her daughter.

I wonder if she'd gotten a white child and it developed, say, autism or down syndrome, if she would've sued for not giving her a "pure" specimen.
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Deus Naturae
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« Reply #16 on: October 04, 2014, 10:47:53 AM »

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Uhhhh???

As has been said, there is no case here. This woman clearly doesn't love her kid enough because she ended up being a different race, and now she's trying to mask her overt racism by making it seem like she gives a fyck about her daughter.

I wonder if she'd gotten a white child and it developed, say, autism or down syndrome, if she would've sued for not giving her a "pure" specimen.
The woman may be racist, but that has nothing to do with the legal case. The woman specifically asked for a certain kind of sperm. The bank gave her something other than what she asked for. Not sure if there was a contract involved but if so, that's clearly breach of contract.
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DrScholl
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« Reply #17 on: October 04, 2014, 10:49:36 AM »

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Of course there are some people out who actually badly wanted to buy the MacBook and taking the Sony VAIO with them "because they don't mind".

...

Nonetheless, because the small black child is a human being and not a PC, I wouldn't treat it any other than if the sperm bank worked correctly and a white kid was born.

Still, the sperm bank made an error and needs to pay for it.

You seriously are comparing this to buying computers? That's silly. And if somebody wants a child, it really shouldn't matter what color the child is, a child is a child.
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Bacon King
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« Reply #18 on: October 04, 2014, 11:25:29 AM »

Guys I'm sure this mother loves her daughter, but the sperm bank [Inks]ed up pretty bad here. Sperm isn't exactly a fungible commodity; the entire point of a sperm bank is that the future mother picks the specific stuff she wants from a catalog with all the donor's traits and characteristics. That they accidentally gave her sperm from a different donor defeats the whole point, and indicates there's something seriously wrong with their operating procedures. The race mistake is a big deal IMO because the child is obviously gonna be curious about that, and that will probably force her parents to tell her where she came from before she's old enough to handle it
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Atlas Has Shrugged
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« Reply #19 on: October 04, 2014, 11:41:09 AM »

Guys I'm sure this mother loves her daughter, but the sperm bank [Inks]ed up pretty bad here. Sperm isn't exactly a fungible commodity; the entire point of a sperm bank is that the future mother picks the specific stuff she wants from a catalog with all the donor's traits and characteristics. That they accidentally gave her sperm from a different donor defeats the whole point, and indicates there's something seriously wrong with their operating procedures. The race mistake is a big deal IMO because the child is obviously gonna be curious about that, and that will probably force her parents to tell her where she came from before she's old enough to handle it
^^^

I saw this on the Today Show as I was leaving the other day, and the woman clearly loves her daughter. This is not a race issue at all. It is an issue about the sperm bank really, really f[inks]ing things up.

Furthermore, would her detractors defend a woman having an abortion who became pregnant with a black child after voluntarily having intercourse and deciding she didn’t want a mixed race child? If that is justified, how is her right to chose which sperm she receives not justified?

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Of course there are some people out who actually badly wanted to buy the MacBook and taking the Sony VAIO with them "because they don't mind".

...

Nonetheless, because the small black child is a human being and not a PC, I wouldn't treat it any other than if the sperm bank worked correctly and a white kid was born.

Still, the sperm bank made an error and needs to pay for it.

You seriously are comparing this to buying computers? That's silly. And if somebody wants a child, it really shouldn't matter what color the child is, a child is a child.
If somebody wants a child and has to go through a sperm bank to do so, they have the right to pick which sperm they want. A sperm bank doesn't have the right to randomly dump sperm on a patient anymore than a surgeon has a right to randomly cut off a patient’s leg during open heart surgery.
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Paul Kemp
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« Reply #20 on: October 04, 2014, 11:49:47 AM »

Guys I'm sure this mother loves her daughter, but the sperm bank [Inks]ed up pretty bad here. Sperm isn't exactly a fungible commodity; the entire point of a sperm bank is that the future mother picks the specific stuff she wants from a catalog with all the donor's traits and characteristics. That they accidentally gave her sperm from a different donor defeats the whole point, and indicates there's something seriously wrong with their operating procedures. The race mistake is a big deal IMO because the child is obviously gonna be curious about that, and that will probably force her parents to tell her where she came from before she's old enough to handle it

BK continues to be the person making sense around this forum.
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angus
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« Reply #21 on: October 04, 2014, 11:55:02 AM »

The race mistake is a big deal IMO because the child is obviously gonna be curious about that, and that will probably force her parents to tell her where she came from before she's old enough to handle it

Do you really think that the most salient childhood epiphany regarding her parents, once she starts to meet other parents, will be that they're both white?
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Tender Branson
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« Reply #22 on: October 04, 2014, 12:07:58 PM »

The sperm bank's mistake will obviously & unnecessarily complicate the black girls future life as well: What should her white parents tell her once she's (let's say 18 years old) ? That she exists literally only because of a mistake (very helpful for the personality ...) or simply that they adopted her (which is also bad, because if the girl wants to find out about her black dad she probably can't because of data privacy, or if she does her dad might tell her that she actually wasn't adopted but born out of a mistake) ? All a big dilemma, for which the sperm bank needs to be held accountable and sued, so that they are not making this error again.

If the error was not made and the kid were born white, it would be much easier to explain to her later that she was born because her same-sex parents wanted a kid and she would understand it much easier than the above mentioned scenario.
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DrScholl
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« Reply #23 on: October 04, 2014, 12:12:45 PM »

Guys I'm sure this mother loves her daughter, but the sperm bank [Inks]ed up pretty bad here. Sperm isn't exactly a fungible commodity; the entire point of a sperm bank is that the future mother picks the specific stuff she wants from a catalog with all the donor's traits and characteristics. That they accidentally gave her sperm from a different donor defeats the whole point, and indicates there's something seriously wrong with their operating procedures. The race mistake is a big deal IMO because the child is obviously gonna be curious about that, and that will probably force her parents to tell her where she came from before she's old enough to handle it
^^^

I saw this on the Today Show as I was leaving the other day, and the woman clearly loves her daughter. This is not a race issue at all. It is an issue about the sperm bank really, really f[inks]ing things up.

Furthermore, would her detractors defend a woman having an abortion who became pregnant with a black child after voluntarily having intercourse and deciding she didn’t want a mixed race child? If that is justified, how is her right to chose which sperm she receives not justified?

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Of course there are some people out who actually badly wanted to buy the MacBook and taking the Sony VAIO with them "because they don't mind".

...

Nonetheless, because the small black child is a human being and not a PC, I wouldn't treat it any other than if the sperm bank worked correctly and a white kid was born.

Still, the sperm bank made an error and needs to pay for it.

You seriously are comparing this to buying computers? That's silly. And if somebody wants a child, it really shouldn't matter what color the child is, a child is a child.
If somebody wants a child and has to go through a sperm bank to do so, they have the right to pick which sperm they want. A sperm bank doesn't have the right to randomly dump sperm on a patient anymore than a surgeon has a right to randomly cut off a patient’s leg during open heart surgery.

Calm down. I didn't say that the sperm bank didn't make a mistake, I was talking about how the mother is placing such emphasis on the color of the child, which isn't exactly going to be a good thing for the child in the long run. You know good and well I never posted that they didn't have the right to pick which sperm they wanted.

If they don't like the child, they should put her up for adoption.
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Tender Branson
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« Reply #24 on: October 04, 2014, 12:12:53 PM »

She's correct.

I would also be severely pissed if I got a black child, when my partner and I in fact wanted a white one.

That's like going to the tech store to buy a MacBook and the salesperson brings a Sony VAIO.

Of course there are some people out who actually badly wanted to buy the MacBook and taking the Sony VAIO with them "because they don't mind".

...

Nonetheless, because the small black child is a human being and not a PC, I wouldn't treat it any other than if the sperm bank worked correctly and a white kid was born.

Still, the sperm bank made an error and needs to pay for it.

You seriously are comparing this to buying computers? That's silly. And if somebody wants a child, it really shouldn't matter what color the child is, a child is a child.

No it's not.

And that's not the point here. The point is that the sperm bank made the silly mistake. Of course, the girl should be raised no different than the planned white girl - but the mistake makes it very complicated.

And besides, you seem to be one of these people who would take the Sony VAIO home, instead of the product you actually wanted all the time ...
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