Judge Dismisses Third Sperm Bank Lawsuit Over Dodgy Donor
The ruling marks the third time the federal judge has ruled that Georgia law does not allow "wrongful birth" lawsuits, one of several such rulings tossing out suits against Georgia-based Xytex.
February 26, 2018 at 03:29 PM
5 minute read
For the third time, a federal judge in Atlanta has tossed out claims against a Georgia sperm bank involving a donor it touted as a highly educated and multitalented but who was really a convicted felon with a history of mental illness.
The order issued Thursday by Northern District Judge Thomas Thrash Jr. closely mirrors two he issued last year, finding that Xytex Cryo International clients who bore children sired by the donor have no basis under Georgia law to sue for “wrongful birth.”
“This is a wrongful birth case,” Thrash began, which is not recognized as a cause of action under Georgia law. While “wrongful conception” claims, such as those stemming from a failed sterilization or abortion have been allowed to proceed, “wrongful birth claims typically arise when the parents contend they would have aborted the child if they had been fully aware of the child's condition,” he said.
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