US man sues clinic for giving sperm to ex

[Jman888]

Like that also can? next time dun leave your sperm anyway, make sure they are all dead or dried [laugh]

 

US man sues clinic for giving sperm to ex

Thursday, Mar 07, 2013 The New Paper

 

UNITED STATES - A man is suing a fertility clinic after a sperm bank handed two vials of his sperm to his ex-girlfriend.

 

The ex-girlfriend subsequently conceived a child without Mr Layne Hardin's permission, his lawyer said.

 

The Louisiana man is also suing his ex-girlfriend, reported ABC News.

 

The sperm bank allegedly handed over two vials of his sperm in a "paper lunch sack" to Mr Hardin's ex-girlfriend, Ms Toby Devall.

 

Lawyer Cade Bernsen accused Ms Devall of bluffing her way into getting the sperm and creating a baby without Mr Hardin's consent, "purposefully out of vindictiveness and to punish him for breaking up with her".

 

Mr Hardin also alleged, his lawyer said, that the sperm bank and an affiliated fertility clinic had an "utter lack of safeguards and protections".

 

In 2002, Mr Hardin, 44, and then-girlfriend, Ms Katherine LeBlanc, 40, agreed to freeze his sperm after having a son, who is now 12. Mr Hardin decided to undergo a vasectomy then, according to court papers.

 

Mr Bernsen, who represented both Mr Hardin and Ms LeBlanc, said the couple signed a contract with the sperm bank, giving any future access to the sperm solely to Ms LeBlanc if she decided to conceive another child.

 

They paid annually to keep the sperm cryogenically frozen.

 

The couple subsequently broke up, and Mr Hardin began dating Ms Toby Devall.

 

They had a "volatile, on-and-off again relationship" that ended two years ago, Mr Bernsen said.

 

Mr Hardin and Ms LeBlanc alleged that Ms Devall walked into the Texas Andrology Services sperm bank in 2011. She asked for and was given Mr Hardin's sperm with no questions asked.

 

Inseminated

 

She then went next door to the affiliated Obstetrical and Gynecological Associated fertility clinic and was inseminated, the lawyer said.

 

A representative for the sperm bank said "no comment" when contacted by ABC News.

 

Ms Devall had a son.

 

But now, Mr Hardin could be asked to pay child support for the two-year-old boy, despite never authorising the use of his sperm or having met the child.

 

Ms Devall is represented by lawyer John Lee Hoffoss.

 

"This case involves the life of one innocent child. Soon, 12 men and women will see all of the evidence and make a decision based upon the true facts of the case," Mr Hoffoss said in a statement to ABC News.

 

"It is not fair to the family, nor the justice system to try this case in the media. The truth will come out at trial and will be reflected in the jury's verdict.

 

"We ask that you report the facts based on the evidence and allow our system to work as intended," he said.

 

The case will likely be tried in a Houston court in April, which is also where the sperm bank contract was initially signed.

[Beehive3783]

The sperm bank staff c--k up la.. if the man really made to pay for the child's expenses, really gone case for him leh.

[Watwheels]

Poor boy. Born out of revenge. To be used as a leverage tool for child support.

[Genes]

Every mother's dotter also go get preggy from a sperm in the bank, then go sue for child support. Easy money leh. "

[Watwheels]

Actually there's no mention of a DNA test to prove he's the father. Skali the sperm bank staff anyhow take any donor's sperm and gave to the woman.

Edited March 7, 2013 by Watwheels

[Moredhel]

That's AWARE for you..

[Happily1986]

this is BS. under prevailing laws. the donor and the receiving party will never get to know the identity of the other party. Needless to be said, the child will not be able to find out his father's real identity. We are talking about confidentiality here. The clinic deserves to be sued big time.

 

As for the child support, i think it is totally a moot point. It is easily argued that the attempt to get child support stems from a fraudulent intent.

Edited March 7, 2013 by Happily1986