Couple with 7-year-old child claims they were duped, misled by sperm bank

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Atlanta, GA (WGCL) -- An Atlanta-based sperm bank is named in a lawsuit brought by a couple who says they were duped.

The Canadian couple accuses Xytex Corporation of misleading them about the health and education of the sperm donor they used to conceive their child.

That child is now 7 years old.

Lawyer Nancy Hersh represents the couple and says they found out the name of the donor after Xytex accidentally sent it in multiple emails. After researching the man on Facebook and Google, the couple learned he was not working on his PhD and did not have a high IQ or an undergraduate degree in Neuroscience as Xytex told them.

"Instead of a PhD in engineering, he had not completed college. He had a criminal conviction, they found out that he was schizophrenic and that photographs of him as a child were not accurate," said Hersh.

Xytex wouldn't give CBS46 an interview about the lawsuit but referred us to their website where a letter from Xytex President Kevin O'Brien states: "The couple were clearly informed the representations were reported by the donor and were not verified by Xytex."

The statement goes on to say, "We stand by the process we followed and intend to vigorously defend ourselves against the allegations in this lawsuit."

Hersh also named a Xytex employee in the suit, stating the worker made claims about the donor several times that were not true.

The donor the couple used is also named in the lawsuit, but his attorney didn't return our calls requesting comment.