An Illinois sperm bank has been sued by a white Ohio woman for accidentally sending her vials from an African-American donor, the Chicago Tribune reported. Her 2-year-old biracial daughter is now experiencing "intolerance" and difficulty in an all-white community, the lawsuit claims.
Jennifer Cramblett of Uniontown, Ohio, and her same-sex domestic partner, Amanda Zinkon, chose donor No. 380, who was also white, from Midwest Sperm Bank, based in Downers Grove. However in September 2011, their doctor in Ohio received vials from donor No. 330, who is African-American, and inseminated 36-year-old Cramblett believing that it was a white man's sperm, the lawsuit said.
It was only in April 2012 when she was pregnant and ordering more vials so that the couple could have another child with sperm from the same donor that she learned of the wrong batch, according to the lawsuit filed in Cook County Circuit Court.
Citing emotional and economic losses, Crmblett is suing Midwest Sperm Bank for wrongful birth and breach of warranty.
"On August 21, 2012, Jennifer gave birth to Payton, a beautiful, obviously mixed-race baby girl," the lawsuit states. "Jennifer bonded with Payton easily and she and Amanda love her very much. Even so, Jennifer lives each day with fears, anxieties and uncertainty about her future and Payton's future."
"She carried her daughter Payton for nine months. She has bonded with the child and she loves Payton very much," her lawyer, Thomas Intili, told NBC News on Wednesday. "But she lives in an all-white community in Eastern Ohio. She did not encounter any African-American people until she entered college. Not all her friends and family members are racially sensitive."
"Because of this background and upbringing, Jennifer acknowledges her limited cultural competency relative to African-Americans and steep learning curve, particularly in small, homogenous Uniontown, which she regards as too racially intolerant," the lawsuit states.
As an example of the difficulties the family faces, the suit cited hair care for the toddler, according to NBC News.
"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," the lawsuit states.
"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."
In addition, Cramblett fears that her daughter might get stigmatized by her "all-white and unconsciously insensitive family," who has never been able to fully embrace the 36-year-old's homosexuality, according to the Chicago Tribune.
"Though compelled to repress her individuality amongst family members, Payton's differences are irrepressible, and Jennifer does not want Payton to feel stigmatized or unrecognized due simply to the circumstances of her birth," the lawsuit states. "Jennifer's stress and anxiety intensify when she envisions Payton entering an all-white school."
Meanwhile, Midwest Sperm Bank - which touts "the highest standards of quality control" on its website - declined to comment on the pending litigation.
But since the vial mixup occurred due to the sperm bank keeping handwritten notes instead of electronic records, allowing the donor numbers to be misread, Cramblett is seeking enough money for the lesbian couple to leave Uniontown and relocate to a diverse area with good schools.
"They've made the one mistake a sperm bank can't make," Intili said, claiming Midwest uses pen and paper to record phone orders. "It's not like she was ordering pizza."
