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Sperm Bank Lawsuit Thrown Out By Fulton County Judge

October 21st, 2015

A Fulton County judge has thrown out a lawsuit brought by two women who say an Atlanta sperm bank misrepresented the donor for their child.

The women sued Xytex Corp. under product liability laws. They claimed the sperm bank led them to believe the donor was a neuroscientist. They then found out their donor was not a college graduate and alleged in their lawsuit that the man is an ex-felon.

In dismissing the case, Superior Court Judge Robert McBurney said the women should have sued instead for “wrongful birth,” but noted that is not allowed under existing Georgia law. He also noted that Georgia law may need to catch up to scientific developments.

WABE legal analyst Page Pate says he considers the matter more of a contract case but added, “How in the world are you going to determine the difference in value between the child that you thought you were getting and the child that you actually have?”

Pate says it is likely these kinds of cases will come up more often in this age of artificial insemination and other fertility treatments that involve parties other than the legal parents of the child. But Pate also noted that there does not appear to be any political will in the state to enact a statute that allows a “wrongful birth” lawsuit.