NY Fertility Clinic Used Wrong Sperm
A couple can proceed with a lawsuit against a fertility clinic they filed after the wife gave birth to a daughter whose skin they thought was too dark to be their child, a judge has ruled.
Thomas and Nancy Andrews, of Commack, N.Y., sued New York Medical Services for Reproductive Medicine, accusing the Manhattan clinic of medical malpractice and other offenses. They claim the Park Avenue clinic used another man’s sperm to inseminate Nancy Andrews’ eggs.
Three DNA tests — a home kit and two professional laboratory tests — confirmed that Thomas Andrews was not the baby’s biological father, state Supreme Court Judge Sheila Abdus-Salaam quoted the couple as saying.
The couple says that they have been forced to raise a child who is “not even the same race, nationality, color ... as they are,” the judge said in the ruling.
The lawsuit, which seeks unspecified damages, came to light Wednesday after the judge issued a decision that allows them to proceed with parts of the lawsuit while dismissing other parts.
The judge quoted the couple as saying that after their daughter, Jessica, was born Oct. 19, 2004, they knew something was wrong because of her physical appearance.
They say that “while we love Baby Jessica as our own, we are reminded of this terrible mistake each and every time we look at her; it is simply impossible to ignore,” the judge’s decision said.
This is sad, but they should look at the brighter side. The baby arrived happy and healthy. She may not be their full biological child, but she's theirs and they should just focus on that.
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