The state Supreme Court has ruled in favor of a Georgia couple who sued a sperm bank alleging fraud, and false advertising.
The state’s high court Monday, essentially reversed a decision by the lower court allowing the couple to proceed with a portion of the lawsuit.
Wendy and Janet Norman say they chose Donor number 9623, whom the sperm bank, Xytex, promoted as one of its best donors, a Ph.D. candidate with a clean mental health history.
The Normans bought sperm from Xytex, and Wendy Norman gave birth to a son in 2002.
The couple later learned the donor lied and actually had several health and legal problems.
Their newborn son inherited some mental health and medical traits from the sperm donor.
The lawsuit alleges the sperm bank misrepresented its process for screening donors and provided incorrect medical and educational history for Donor number 9623.
The high court agreed and ruled parts of the couple’s lawsuit filed against the sperm bank can proceed.
Xytex lawyers argued the lawsuit brings claims for “wrongful birth,” which are barred under a 1990 Georgia Supreme Court ruling.
The case now returns to the trial court for further action.