White mother sues sperm bank for reparations for her black child (user search)
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  White mother sues sperm bank for reparations for her black child (search mode)
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Author Topic: White mother sues sperm bank for reparations for her black child  (Read 6587 times)
MaxQue
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Posts: 12,626
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« on: October 04, 2014, 05:49:09 PM »

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

You know, it works with huge catalogs with long list of characteristics about the donor.

Per se, the legal issue isn't than the kid is black. It's than she picked someone in the catalogue and got the sperm from someone else (the kid being black is clear proof they did an error).
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MaxQue
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Posts: 12,626
Canada


« Reply #1 on: October 04, 2014, 05:51:46 PM »

If the court has any common sense, this case will be dismissed, citing lack of responsibility by sperm banks to catalog and sell gametes.

That doesn't make any sense.

Burden of proof is on the plaintiff. What legal duty does a sperm bank owe to the clients, beyond delivering human sperm? The sperm donor is not under any obligation to provide DNA to the court for testing. The integrity of the product is unenforceable; therefore, I'd argue that the sperm bank has no legal duty to deliver anything other than viable human sperm.

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.
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