Court throws out lesbian's lawsuit over sperm donor mix up: Woman sues after giving birth to bi-racial child when she asked for 'blonde, blue-eyed' baby

• Jennifer Cramblett filed a lawsuit last year against an Illinois sperm bank for mistakenly sending her a black man's sperm
• Her lawsuit alleging wrongful birth and breach of warranty was tossed on Thursday
• Judge told Cramblett, of Uniontown, Ohio, that she could refile her lawsuit against Midwest Sperm Bank under a negligence claim
• She became pregnant in 2011 through artificial insemination using sperm donated by a black man instead of white donor she selected
• Cramblett now has a three-year-old daughter, Peyton, who is mixed-race 

By Associated Press and Dailymail.com Reporter

Published: 08:49 EST, 5 September 2015 | Updated: 23:19 EST, 5 September 2015

The lawsuit filed against an Illinois sperm bank by a white lesbian mother for mistakenly sending her a black man's sperm has been dismissed.

DuPage County Judge Ronald Sutter tossed the lawsuit alleging wrongful birth and breach of warranty on Thursday, the Chicago Tribune reported. 

However, Sutter said Jennifer Cramblett of Uniontown, Ohio, could refile her lawsuit against Midwest Sperm Bank under a negligence claim.

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Jennifer Cramblett's lawsuit alleging wrongful birth and breach of warranty against Midwest Sperm Bank was dismissed on Thursday. A judge told her she could refile her lawsuit under a negligence claim (Cramblett, pictured left with her daughter Peyton whens he was younger, and her partner Amanda Zinkon, right)

In a lawsuit filed last year, Cramblett said Midwest Sperm Bank sent her several vials of a black man's sperm by mistake because the clinic keeps paper records and accidentally transposed numbers on her order 

Cramblett became pregnant in December 2011 through artificial insemination using sperm donated by a black man instead of the white donor whom she and her partner, Amanda Zinkon, selected. 

When the mistake due to clerical error was discovered, the sperm bank issued an apology and a partial refund.

Cramblett, who is white, said she loves her three-year-old daughter, who is mixed-race. 

But she said that she was raised around stereotypical attitudes toward minorities and that she has 'limited cultural competency' with African-Americans.

Sutter ruled on Thursday that Cramblett's lawsuit could not proceed under either of those standards.

Bob Summers, an attorney for the sperm bank, argued that Cramblett's claim of 'wrongful birth' could not be legally sustained in a case where a healthy child was born. 

'Wrongful birth' cases are meant to address cases where medical testing was negligent and failed to show risks of congenital or hereditary disorders to a child before birth, he said.

Sutter agreed with Summers and dismissed the 'wrongful birth' claim, and then he dismissed Cramblett's claim that the sperm bank's error amounted to a 'breach of warranty' under a state law covering blood and tissue donations.

Attorney Lynsey Stewart, who's also representing Midwest Sperm Bank in the case, argued that the Illinois Blood and Organ Transaction Liability Act was never intended to address situations such as Cramblett's. 

She said the act specifically addresses many types of medical situations but it clearly omits sperm donations. 

Last year, Cramblett described how she and her partner would have to move out of their small, all-white hometown of Uniontown, Ohio, so their daughter, Peyton, will be accepted.

In a lawsuit filed last year in Cook County, Illinois, Cramblett said Midwest Sperm Bank sent her several vials of a black man's sperm by mistake because the clinic keeps paper records and accidentally transposed numbers on her order. 

Donor 380, the sperm donor Cramblett and Zinkon had picked to father their child, was a blonde-haired, blue-eyed white man. She was sent vials of sperm from donor 330, a black man.

'I am happy that I have a healthy child,' Cramblett told NBC News in a previous interview.

'But I'm not going to let them get away with not being held accountable.'

She added: 'We had to take this into our hands because I will not let this happen again. 

'I'm not going to sit back and let this happen to anyone ever again.' 

Cramblett told NBC that she and her partner had specifically picked a blonde-haired, blue-eyed donor so that the baby would look like Zinkon.

Despite the lawsuit, Cramblett says she and her partner love Peyton dearly.

'You can't just go, 'Well you got a baby. You got a baby so you should be happy. Lesbian couple can't get a baby anyway. You should be happy that you have a healthy child.'

'I am happy that I have a healthy child. We love her more... to this day, she's made us the people that we are. Never trade it for the world,' she said, her eyes welling with tears. 

Bob Summers, an attorney for the sperm bank, argued that Cramblett's claim of 'wrongful birth' could not be legally sustained in a case where a healthy child was born

Cramblett (right) and Zinkon (left) picked out a white sperm donor from Midwest Sperm Bank, but were instead sent a black man's sperm, they allege

Cramblett previously said her family is racist and has not fully accepted her sexuality. Having a mixed-race daughter makes it even harder, she claimed in her lawsuit (Peyton pictured as a baby)

'But I'm not going to let them get away with not being held accountable.'

The lawsuit said the clinic later sent Cramblett an apology note and a refund for the six vials - though they charged her for the vials of the correct semen she received.

Cramblett has 'limited cultural competency relative to African-Americans' and worries that her daughter Peyton will not be accepted in her hometown of Uniontown. 

'Jennifer lives each day with fears, anxieties and uncertainty about her future and Peyton's future,' according to the lawsuit. 

Cramblett said she and her partner love their daughter, but said they must now consider moving to a more diverse community.

The mother said she loves her daughter (pictured left and as a baby, right). Cramblett also said that she was raised around stereotypical attitudes toward minorities and that she has 'limited cultural competency' with African-Americans

Cramblett said in her lawsuit that much of her family is racist and that one uncle openly makes racist comments.  

Even simple tasks have become more complicated because Peyton is mixed-race, the lawsuit said. 

'Peyton has hair typical of an African American girl. To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome,' according to the lawsuit.

Cramblett said she grew up in Scio, Ohio - population 762 - and didn't meet a black person until she attended college. 

She currently lives in Uniontown, population 2,802, and fears Peyton will be the only non-white child in class when the time comes for her to attend school.

Cramblett said her family has difficulty accepting the fact that she is gay and encourage her to hide her sexual orientation when she is around them. 

She said no matter what she does, Peyton cannot hide her race - nor should she have to.

The case is due back in court on December 17.

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