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Lawsuit: Black donor’s sperm mistakenly sent to same-sex white couple

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Payton (Family Photo via attorney)

Payton (Family Photo via attorney)

UNIONTOWN, Ohio -- An Ohio woman is suing a Chicago sperm bank after she said she was inseminated with a vial from an African-American donor despite ordering a vial from a white donor.

According to the lawsuit filed in the Circuit Court of Cook County, Illinois, Jennifer Cramblett and her same-sex partner, Amanda Zinkon, who live in Uniontown, say one of their biggest fears is the life experiences their now two-year-old daughter, Payton, will undergo in what they describe in the lawsuit as their "all-white community" and "often unconsciously insensitive family."

Cramblett is suing Midwest Sperm Bank for wrongful birth and breach of warranty.

According to the lawsuit, the couple decided in 2011 to start a family. They narrowed down donors at Midwest Sperm Bank and chose No. 380, a Caucasian man. After insemination, Jennifer learned she was pregnant in December 2011.

In April 2012, the couple -- with plans to eventually have another child -- called the sperm bank to order more vials from the same donor. That's when they learned of the donor mix-up.

Jennifer had been given and inseminated with a vial from donor No. 330, an African-American man.

The lawsuit states that "On August 21, 2012, Jennifer gave birth to Payton, a beautiful, obviously mixed race, baby girl. Jennifer bonded with Payton easily, and she and Amanda love her very much. Even so, Jennifer lives each day with fears, anxieties and uncertainty about her future and Payton's future."

The lawsuit gives several examples of their fears, including Payton entering an all-white school.

The lawsuit asks for compensatory damages in an amount exceeding $50,000.

An attorney for Midwest Sperm Bank says they cannot comment on the situation because of the pending litigation.

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