Oops, “Fertility clinic gave sperm to wrong woman”
Legally, this one is a grey area.
PORTLAND, Ore. (AP) — A fertility clinic that gave sperm to the wrong woman is now defending itself from a donor upset over the pregnancy.
A man receiving treatment at the Oregon Health & Science University clinic was attempting to father a child with his fiance when he gave a sperm sample to clinic workers in September 2005.
In a $2 million lawsuit filed last week in Multnomah County Circuit Court, the man claims his sperm was given to a woman who was to receive sperm from an anonymous donor and she became pregnant.Now he is seeking damages for “worry and emotional distress.” His emotional distress is whether the legal system, now that he is identified, will now decide he has to provide child support.
“He’s upset because a woman other than his fiance has possibly had his child,” said Jane Paulson, the man’s attorney. “My client feels deceived.”
Deceived? Maybe, but that isn’t a word I would use.
Clinic workers told the man – who also has remained anonymous – they had dropped his sperm sample and needed another one, according to the lawsuit. To compensate for his trouble, he was told he would not be charged for the visit.
Several months later, a letter from OHSU asked the man to come in. He was informed that his first sample had been given to another woman, Paulson said.
Obviously a mistake was made. The crazy issue here not discussed is the biological father’s responsibility under federal law since he is no longer so anonymous (relating to welfare laws). Really, the intelligent solution for the man is to sue in this case to stop future lawsuits, too bad.
Meanwhile there is a child. Rejoice in that.