"What did the contract say that she signed?
What were the potential liabilities that she agreed to (errors) that she may have waved with a casual stroke of the pen?
What type of insurance does this sperm bank have to cover professional errors?"
The first will have to be addressed in her pleading or her suit should be thrown out. The second is for the bank to put forward in its pleading if there is such a claim to be made. The third is the sperm bank's and their insurance coverage plan's problem; not hers.
I have no opinion on whether this lawsuit has merit or not. But I'm not going to cast racist aspersions on this woman for bringing the lawsuit without knowing more facts.
Unless one thinks that people going to a sperm bank don't have the right to contract for the racial background of their sperm donor - and I doubt many are ready to make that demand - then you can't have it both ways. If the bank didn't follow through on its promises then the bank might well be liable for breach of contract.
I've heard of a mixed race couple who specifically wanted a black baby. The reason was that the black partner, a woman, didn't want to be thought of as the nanny when she was rolling the baby around Park Slope. Now irrespective of how some of us might view this particular arguably self-conscious about class concern, the fact is that the couple wanted a child of a certain race, in this case a black child. If the sperm bank had delivered a white donor's sperm, would we be so quick to call a lawsuit against them by the parents racist?
I highly doubt it.
While we are on the subject, this case strikes me as a perfect illustration of how little people understand law and how it works and how ignorance about legal process leads to misguided claims about people involved in legal cases all the time.
Updated On: 10/1/14 at 06:57 PM