Women Sues Sperm bank for giving her a black baby

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**hotsauceman1**

http://us.cnn.com/2014/10/02/us/sperm-bank-race-lawsuit/?cid=ob_articlesidebarall&iref=obnetwork

(CNN) -- At five months pregnant, Jennifer Cramblett and her same-sex partner, Amanda Zinkon, learned that Cramblett had been inseminated with the wrong sperm, and that the donor was of a different race.
Two years later, Cramblett and Zinkon are moms to a mixed race African-American girl named Payton, whom they love "unconditionally." But even that bond hasn't been enough to protect them from the emotional and social challenges they admittedly, were not prepared for.
"There are things I don't feel I have the background to even know. It is things we have to go out and research and talk to people and figure out how to do as simple as a daily chore of doing your hair," Cramblett told CNN.
Last week, Cramblett sued Midwest Sperm Bank with the goal to force them to change the policies that led to the mix-up and to obtain the funds her family needs to receive ongoing counseling and relocate to a more diverse community.
The mix-up
Cramblett said her "shock" came when she called Midwest Sperm Bank in April 2012 to secure more vials for a second pregnancy.
"When I called to order that sperm and the vials, I asked them for (donor) 380 and they came back on the line and said I do believe we have sent you donor number 330, are you sure that's not what you asked for?" said Cramblett.
"They came back on the line and then had asked me if I had requested an African-American donor. At that point, I said no, 380 was blond-haired, blue-eyed, resembling my partner, Amanda. They said we believe 330 is an African-American donor. We can no longer talk to you anymore," said Cramblett.
The mix-up stemmed from Midwest Sperm Bank's record-keeping procedures, according to a complaint filed in Circuit Court in Cook County, Illinois, where the company's main office is located. The sperm bank's records are kept manually, ink-on-paper, not electronically, according to the lawsuit.
"To the person who sent Jennifer vials of sperm in September, 2011, the number '380' looked like '330'," the complaint stated.
CNN called Midwest Sperm Bank. A woman who answered the phone and refused to identify herself said, "sorry, we have absolutely no comment."
CNN also reached out to the sperm bank's attorney, Marc Groedel, and received no response. Attorney Scott Bakal, listed on the complaint, hung up the phone with a quick "goodbye."
"The basis of the lawsuit and why we are doing what we are doing is so that somebody is held accountable. This isn't going to happen to anybody else," said Cramblett.
Utah university investigates suspected sperm switch
Lack of racial diversity in their town
With the birth of Payton, Cramblett and Zinkon were confronted with raising their mixed race child in Uniontown, Ohio, a rural community south of Akron that, according to the last census, is 98% white.
Cramblett suffers from "stress and anxiety" just thinking of Payton having to attend and all-white school and being "stigmatized or unrecognized."
"I want my child to be raised around people that maybe look like her, and unfortunately, we are not going to get all of those assets there in Uniontown, Ohio," she said. "We want her to grow up in a community where she feels accepted, feels like it's normal to be who she is."
But in spite of their strong wish to relocate, Cramblett and Zinkon don't have the financial means to do so, Cramblett's attorney Timothy Misny told CNN.
"Uniontown is a wonderful town, wonderful people, but there are no biracial children and no mixed marriages. We need to relocate Jennifer and her family to a town that offers that type of diverse culture," Misny said.
And since the sperm bank is responsible for the mix-up, the bank should be held financially accountable, said Misny.
"We are asking they change policy so it never happens again," Misny said. The lawsuit also seeks "compensation to receive the kind of counseling they will need going forward, and also to relocate to an area that is more demographically in tune with their family," he said.
"At times she (Cramblett) feels that she is underwater. She loves her child to death. But what she needs is assistance in handling it properly," Misny said.
Time-lapse video reveals secret life of an embryo, helps women conceive
Cramblett received a refund from the bank for the insemination vials she purchased, but the bank kept the payment for the insemination procedure.
In spite of the complicated legal means she has been forced to adopt, Cramblett said her daughter's future is what's really at stake.
"She's going to know what she is and where she came from and how all this happened. She's going to know that we love her unconditionally. Everybody around her loves her. So, I think she's going to know why we did what we did."

**daedalus**

Hahahahahaha, wow. Not touching this with a 10 foot pole. The comments will be the most delicious things I've ever lapped up though.

**Hordini**

hotsauceman1 wrote:

"I want my child to be raised around people that maybe look like her, and unfortunately, we are not going to get all of those assets there in Uniontown, Ohio," she said. "We want her to grow up in a community where she feels accepted, feels like it's normal to be who she is."

What is it with people's obsession for others to look like them? I've been hearing this more and more lately. It's fething psychotic.

**streamdragon**

I've seen this article before and it's always easy to tell who actually takes the time to read, and who goes by the buzzwords in the write up.

**hotsauceman1**

I read it, and I think it is stupid

**streamdragon**

hotsauceman1 wrote:
I read it, and I think it is stupid

Then I question your reading comprehension skills.

Answer this:

For what legal reason is this woman suing?

**Raven911**

I've often wondered how you can tell what they are giving you is the right stuff.

Legally, this will cost the lab big time.

However, the important thing is that the beautiful little girl is loved and accepted. Its not her fault and she shouldn't be shunned or punished for it. Hell, my wife and I will happily take her! At least they should get enough that her college is completely paid for!

**Swastakowey**

UUGGGHHH. This happens to me all the time.

My boss sometimes writes his 8's so they look like 3's. Thousands of dollars of time wasted because of that going back and fixing things etc.

I now make a personal note to ensure that my 8's are 8's and 3's are 3's.

Make sure you do this, or you will suffer for it later. Always.

**hotsauceman1**

For the mixup, which she was refunded for.
She is now asking money for therapy so she can deal with the thought of having a Biracial child in school and so she can relocate.
Its quite frankly a little racist, nothing has happened so far, and she is assuming the worse.

**Jihadin**

daedalus wrote:
Hahahahahaha, wow. Not touching this with a 10 foot pole. The comments will be the most delicious things I've ever lapped up though.

Home Lawyers about the same as Barracks Lawyers

**mitch_rifle**

She has a pretty disugting attitude toward being bi-racial.

**OgreChubbs**

Not the kids fault so don't get me wrong but I think this is just the problem with this type of scenario. She paid for a service was not happy and now there is a kid involved who is going to go through hell now.

At the end of the day poor kid... it always the kids who suffer when parents are donkey-caves.

**streamdragon**

hotsauceman1 wrote:
For the mixup, which she was refunded for.
She is now asking money for therapy so she can deal with the thought of having a Biracial child in school and so she can relocate.
Its quite frankly a little racist, nothing has happened so far, and she is assuming the worse.

*bzzzt* wrong

1. Refunding her the cost for other treatments doesn't undo the fact that the sperm bank frelled up big time. The suit is because they frelled up big time.

2. She has no issues (of her own) raising her biracial child. As the article states, she and her (lesbian) partner both love their daughter. The issue is that her small town is essentially 100% white and makes openly racist remarks, including people in her own family. She wants to move to a place where her daughter doesn't have to put up with that growing up.

Other than her family, there is no racist slant to the actual story presented. She is suing because the sperm bank she had a contract with frelled up.

Not because she doesn't love her daughter.
Not because her daughter is part black.
Not because she is racist.

Edit: Second article on the subject: http://www.nbcnews.com/health/womens-health/black-donor-sperm-mistakenly-sent-white-mom-jennifer-cramblett-suit-n215801

**Jihadin**

2. She has no issues (of her own) raising her biracial child. As the article states, she and her (Same Sex) partner both love their daughter. The issue is that her small town is essentially 100% white and makes openly racist remarks, including people in her own family. She wants to move to a place where her daughter doesn't have to put up with that growing up.

Fixed

**streamdragon**

Raven911 wrote:However, the important thing is that the beautiful little girl is loved and accepted.

mitch_rifle wrote:She has a pretty disugting attitude toward being bi-racial.

OgreChubbs wrote:At the end of the day poor kid... it always the kids who suffer when parents are donkey-caves.

Just to be clear, both of this girl's mothers love her dearly.

Automatically Appended Next Post:

Jihadin wrote:
2. She has no issues (of her own) raising her biracial child. As the article states, she and her (Same Sex) partner both love their daughter. The issue is that her small town is essentially 100% white and makes openly racist remarks, including people in her own family. She wants to move to a place where her daughter doesn't have to put up with that growing up.

Fixed

Er... is lesbian considered a bad word now or something? Honest question.

**Jihadin**

Er... is lesbian considered a bad word now or something? Honest question.

Just helping you be safe. Just don't want anyone turning this into a God, Religion, or something stupid thread

**MrDwhitey**

You of course know you're doing that by doing what you did. It'd be best if you stopped.

Sperm bank fethed up big time, this kids life would be pretty unpleasant it seems in the area they are in, so frankly just by that I'd be happy with the Sperm bank paying relocation costs.

**d-usa**

Hordini wrote:
hotsauceman1 wrote:

"I want my child to be raised around people that maybe look like her, and unfortunately, we are not going to get all of those assets there in Uniontown, Ohio," she said. "We want her to grow up in a community where she feels accepted, feels like it's normal to be who she is."

What is it with people's obsession for others to look like them? I've been hearing this more and more lately. It's fething psychotic.

Besides the whole "not wanting her to be around people who will treat her different because of her race" thing, tt has to do with your heritage, your history, your background, where you came from, what people before you have done.

Let's say you got a job in another country. I'm just going to assume that you are white, so I will make the scenario that you and a white wife with white children are moving to Germany for a job. You are a white family living in another country that is still majority white, so we don't even have to worry about race yet. So just an American white family, trying to raise an American white child, in white Germany.

Would you have the mindset that your child is now surrounded by Germans so you are going to teach him German heritage, German language, German History, German Traditions, and ignore his American heritage? Or are you going to teach him his cultural heritage as an American? Maybe see if there is a group of Expats that meets and does regular activities with their American Children? Would you make sure that you raise your child in a way that makes sure he knows where he came from, what his history is, what his culture is, while at the same time also integrating him into the culture that is different than where you guys came from?

I have a biracial child, and that is one of the things we are addressing as she gets older. I will make sure she understands her German heritage, my wife will make sure she understands her African-American heritage, together we are making sure that she is a well adjusted indivual in a diverse world who knows where she came from, where she is right now, and all the places she can be in the future.

**Relapse**

The thing I am trying to wrap my brain around is how it is that she is worried that this town and family that apparently accepts
a same sex with kids living arrangement gets all uptight over a bi racial child.
I am thinking we don't have the whole story here, especially with a comment like this from her lawyer that makes the whole case for moving seem like weak sauce:

"But in spite of their strong wish to relocate, Cramblett and Zinkon don't have the financial means to do so, Cramblett's attorney Timothy Misny told CNN.
"Uniontown is a wonderful town, wonderful people, but there are no biracial children and no mixed marriages. We need to relocate Jennifer and her family to a town that offers that type of diverse culture," Misny said."

If the lab screwed up, they should be liable, but there are elements we aren't getting here.

**BobtheInquisitor**

Well, they aren't exactly going to make a public statement like, "This is a terrible town full of bigots and sociopaths" while they are still living there. And I have met people who are okay with LGBT rights of all kinds, but cross the street when they see someone darker walking their way.

**Relapse**

BobtheInquisitor wrote:
Well, they aren't exactly going to make a public statement like, "This is a terrible town full of bigots and sociopaths" while they are still living there. And I have met people who are okay with LGBT rights of all kinds, but cross the street when they see someone darker walking their way.

I've lived in the midwest farming area and I have seen it the opposite to your experience. I really don't believe we have the whole story.

**dogma**

Relapse wrote:

If the lab screwed up, they should be liable, but there are elements we aren't getting here.

Given that the lab admitted making an error I think we can safely conclude that it did, whether or not it is liable depends on the nature of contract the woman signed. Given this, I suspect the emphasis the child's race and the the desire to relocate is intended to be an appeal to emotion designed to increase the amount awarded in the event of a favorable judgment.

**Relapse**

dogma wrote:
Relapse wrote:

If the lab screwed up, they should be liable, but there are elements we aren't getting here.

Given that the lab admitted making an error I think we can safely conclude that it did, whether or not it is liable depends on the nature of contract the woman signed. Given this, I suspect the emphasis the child's race and the the desire to relocate is intended to be an appeal to emotion designed to increase the amount awarded in the event of a favorable judgment.

Agreed

**Albatross**

I wonder if they'll tell their daughter this story.

**Hordini**

d-usa wrote:
Hordini wrote:
hotsauceman1 wrote:

"I want my child to be raised around people that maybe look like her, and unfortunately, we are not going to get all of those assets there in Uniontown, Ohio," she said. "We want her to grow up in a community where she feels accepted, feels like it's normal to be who she is."

What is it with people's obsession for others to look like them? I've been hearing this more and more lately. It's fething psychotic.

Besides the whole "not wanting her to be around people who will treat her different because of her race" thing, tt has to do with your heritage, your history, your background, where you came from, what people before you have done.

Let's say you got a job in another country. I'm just going to assume that you are white, so I will make the scenario that you and a white wife with white children are moving to Germany for a job. You are a white family living in another country that is still majority white, so we don't even have to worry about race yet. So just an American white family, trying to raise an American white child, in white Germany.

Would you have the mindset that your child is now surrounded by Germans so you are going to teach him German heritage, German language, German History, German Traditions, and ignore his American heritage? Or are you going to teach him his cultural heritage as an American? Maybe see if there is a group of Expats that meets and does regular activities with their American Children? Would you make sure that you raise your child in a way that makes sure he knows where he came from, what his history is, what his culture is, while at the same time also integrating him into the culture that is different than where you guys came from?

I have a biracial child, and that is one of the things we are addressing as she gets older. I will make sure she understands her German heritage, my wife will make sure she understands her African-American heritage, together we are making sure that she is a well adjusted indivual in a diverse world who knows where she came from, where she is right now, and all the places she can be in the future.

As someone who speaks German and has lived and worked in Germany, I suppose that is a good example.

To answer your question, of course I would teach my child about his or her American heritage, and would make sure they learned English, but I would most especially make damn sure that they learned the German language and culture as well. But I'll do my best to teach any children I have the German language and culture even if they're born in the US.

But none of that has anything to do with how my child looks. Wherever I was at, I would want my child to have good role models and good friends and be around people who care about them. If we live in Germany and most of those role models are white, as long as they're good role models, good friends, and care about them, that's fine. If we live in Egypt and most of their role models and friends are Egyptian, I don't care if they're not white (even though some Egyptians are white), as long as they're good role models, good friends, etc., that's what's important to me. If we live in Japan, same thing. I don't care if everyone my child is raised around looks different than they do, as long as they are cared for.

Now, if these women want to move because they feel like their child will not be loved and cared for in that environment, that is perfectly, 100% reasonable. But the comment that they want the child to grow up around people who look like her, is, to me, the wrong priority. What they said, "I want my child to be raised around people that maybe look like her," and how you phrased it: "not wanting her to be around people who will treat her different because of her race," are not the same thing. How you phrased it is perfectly reasonable and I completely agree with you, but that's not the quote that I'm referring to.

**d-usa**

Hordini wrote:

Now, if these women want to move because they feel like their child will not be loved and cared for in that environment, that is perfectly, 100% reasonable. But the comment that they want the child to grow up around people who look like her, is, to me, the wrong priority. What they said, "I want my child to be raised around people that maybe look like her," and how you phrased it: "not wanting her to be around people who will treat her different because of her race," are not the same thing. How you phrased it is perfectly reasonable and I completely agree with you, but that's not the quote that I'm referring to.

I would agree, but I also wonder if it is just bad phrasing on their part.

I know even if I were to raise my child by myself, I would still want her to learn her black heritage. I could teach her everthing I know about it, but I wouldn't have "lived it" and I could imagine that I would feel like a bit of a phony if I were to try to relate with her when it comes to being black. Which is why I'm glad that my wife is still around.

My take on their statement might also be clouded by an interview I listened to a few months ago on NPR. They were talking to a white couple who have adopted two daughters who are black. They had some of the same thoughts that I have: how do we teach them about their history, how do we prepare them for what it can be like to grow up black and to be black, how can we make sure that they understand their heritage. They knew that they could teach the heritage and culture, but that they could never teach and share the experience of being black. One thing they did was to make sure that their daughters spend routine time with a black lady that they knew from their church (basically a new "aunt") to serve as a mentor in an area that they knew they could never truly teach her. They wanted their daughters to know other black people to know and share that part of their heritage. That interview came to mind when I read the "I want my child to be raised around people that maybe look like her", so I probably took it a little different than you.

**Peter Wiggin**

They can't figure out black people hair!

Sounds like this multi-racial same sex parent family needs some funds for more diversity counseling.

Which is why they're suing I guess.

**cincydooley**

Peter Wiggin wrote:
They can't figure out black people hair!

Sounds like this multi-racial same sex parent family needs some funds for more diversity counseling.

Which is why they're suing I guess.

Well, no. They're suing because she was effectively "raped" by the sperm bank.

She consented to being impregnated by a blue eyed white dude, not a black dude.

**Orlanth**

Hordini wrote:

What is it with people's obsession for others to look like them? I've been hearing this more and more lately. It's fething psychotic.

It is a perfectly natural sentiment to want to breed within your own ethnic group.
It's alarming that some people would want to write that off as a mental illness or racism.

**Relapse**

cincydooley wrote:
Peter Wiggin wrote:
They can't figure out black people hair!

Sounds like this multi-racial same sex parent family needs some funds for more diversity counseling.

Which is why they're suing I guess.

Well, no. They're suing because she was effectively "raped" by the sperm bank.

She consented to being impregnated by a blue eyed white dude, not a black dude.

Two years down the road from the incident. A lot in her story does not add up.