New mom delivers happy, healthy baby girl... sues sperm bank anyway

UNITOWN, Ohio -- An Ohio woman and her same-sex partner are suing a Chicago sperm bank for allegedly inseminating her with sperm from a black donor, despite ordering a vial from a white donor.

According to FOX 8 Cleveland, Jennifer Cramblett and her partner, Amanda Zinkon, filed a lawsuit recently in the Circuit Court of Cook County, Ill. The couple are suing the Midwest Sperm Bank for wrongful birth and breach of warranty.

The lawsuit states the couple decided in 2011 to start a family. They narrowed their choice to a white man, and following insemination, Cramblett learned she was pregnant in December 2011.

Then, in April 2012, the couple — with plans to eventually have another child — called the sperm bank to order more vials from the same donor.

Upon ordering the new sperm, Cramblett learned she had not been inseminated with a white donor's sperm. Instead, she had been inseminated with donor No. 330, a black man.

The couple's daughter was born on Aug. 21, 2012. According to the lawsuit, the couple gave birth to Payton, a beautiful, obviously mixed race baby girl.

The couple bond with the child, the lawsuit states, but say they live "each day with fears, anxieties and uncertainty" about the child'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.

The sperm bank has not yet commented on the pending litigation, FOX 8 reported.