It would depend on the contract (if they deliver sperm or "sperm from the chosen entry of the catalogue"). Non-criminal lawsuits aren't based on "beyond reasonable doubt", but on "preponderance of the proof" and the kid being black gives an huge preponderance to the plaintiff.
It does depend on the contract, but I can't think of a way to prove breach.
What evidence is the plaintiff going to rely on? Highly subjective, non-scientific observations made by the jury about the race of the donor, the mother, and the child? or are we going to bust out the calipers and color-swatches and play uber-mensch like its 1933?
While it may seem obvious that the plaintiff received the wrong sperm, I don't see any way to prove it or to provide objective evidence. I can't see any remedy, either, or any damages.
Well there's the fact that the sperm bank has basically admitted guilt and stated what happened
c'mon it's like you guys are discussing an article without even reading it or something