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they need to demonstrate damages in order to get a nice payout. its not simply about proving right or wrong.
So .... it was the plaintiff that made this about race.
Let's put it this way: if the screw-up was such that they were impregnated with the sperm of another Caucasian donor, how would they go about demonstrating damages?
So .... it was the plaintiff that made this about race.
Let's put it this way: if the screw-up was such that they were impregnated with the sperm of another Caucasian donor, how would they go about demonstrating damages?
im not even sure why anyone cares that they made it about race but its different that they did it in court vs running around in public making it a race issue. they just want money. other observers just want to criticize them.
I feel bad that someday, their daughter is going to learn all about this, probably in her teens, when she's already facing issues of identity.
In a literal, legal sense, there's a basis for her to sue. She paid for a service that allows her to select the traits of her donor, and be impregnated with his sperm, so that she will have a child with his physical appearances and attributes. That service was not provided to her, and regardless of whether or not it's OK, this mistake will have ramifications on her and her partner's lives, as well as the life of her child.
I'm white. My girlfriend is Chinese. It goes to follow that we will have a mixed-race child, and this is something that both of us are content with. We've already run into issues due to our different cultures (she is Chinese, from China, and has never left the country; I'm a white American) in our own relationship; we know that if and when we have a child, they will be raised between both cultures and will have a physical appearance that sets them apart both here in China as well as in the West. Since we understand this, when we go to have a child, we will be prepared to deal with these things. I will be able to help our child navigate issues that will arise because of their whiteness; she'll be able to help our child navigate issues because of their Asianness.
If I knew i wasn't able or simply didn't want to deal with these issues, I would not have pursued a Chinese woman romantically. If she knew she wasn't able to deal with these issues, she would have rebuked me.
The woman in this case has already chosen a partner, another Caucasian woman. They chose features that they thought most closely approximated what a child of their would have looked like had they been able to conceive a child together. The fertility clinic was supposed to facilitate this, but they messed up, and now those parents have a child who they don't feel they were adequately prepared to have. If the clinic had said, "we can get you pregnant, but the only option we have which will be successful is to give you sperm from a black man," perhaps she would have still chosen to do so because she wanted a child, and she could have weighed and grappled with any issues that came along with it; it would be a non-issue.
I'm sure that if a black or an Asian couple got a white child unexpectedly, they would be similarly upset. They would probably still love their child, but all of a sudden, they'd be faced within their communities with questions as to why it is that they, as a single-race couple, have a biracial child: was the child from a previous marriage? Were they adopted? They would now have to raise a child that would likely grow up to have a racial identity they didn't know how to grapple with. What do they tell their child when they are singled out and bullied for being white in a mostly-black school? What do they tell their half-Asian child when they are told by other Asian kids that their Asian identity is invalid? These are issues that the parents didn't sign up for.
IMHO this is really more an issue of negligence on the behalf of a fertility clinic and the ramifications of screwing up something that is inescapable for life, than it is one of race.
im not even sure why anyone cares that they made it about race but its different that they did it in court vs running around in public making it a race issue. they just want money. other observers just want to criticize them.
"In court" is "in public."
"They just want money?" That makes playing the race card better?
IMHO this is really more an issue of negligence on the behalf of a fertility clinic and the ramifications of screwing up something that is inescapable for life, than it is one of race.
I agree. But in pursuing damages, the couple decided to turn race into a "defect".
I agree. But in pursuing damages, the couple decided to turn race into a "defect".
Exactly! My ohio-bred friend and I disagree on this issue. She does think the "race card" is an important consideration due to ohio culture/systemic race issues.
I think letting them use the race card to win opens a ginormous can of worms we aren't ready to deal with as a society.
"They just want money?" That makes playing the race card better?
How do you define the race card? They are white and they wanted a baby that looked like them. They got a mixed race baby. Breach of contract or a few other charges would apply. It is a fact of the case not something being used to exploit some non-existent problem.
How do you define the race card? They are white and they wanted a baby that looked like them. They got a mixed race baby. Breach of contract or a few other charges would apply. It is a fact of the case not something being used to exploit some non-existent problem.
See my post #279. The race factor was not needed for a breach of warranty charge. They already had an admission from the clinic that the wrong donor had been used, so they had proof of breach of warranty (the actual charge in the document) regardless of race.
The second charge in the documents is "wrongful birth," which explicitly means that the child has a congenital deformity that should have called for an abortion, yet the doctor deliberately withheld the information from the mother. That, obviously, did not happen at all--she knew about the racial issue early enough to have had an abortion and being black is not a congenital deformity.
It's a breach of contract. I asked for a particular specimen and the sperm bank didn't deliver.
The child is a burden on the parent -- should've given the child to a loving couple wanting to raise ANY kid. The problem is the community and the parents. Poor poor little girl.
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