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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.
The race factor comes in as to damages. Does anyone here believe this lawsuit would have been filed if the father had been an Asian donor?
Breach of warranty means you win. 'Damages' determines how much you win in a lawsuit. What are the damages here? In order to claim damages, the race card had to be played.
The race factor comes in as to damages. Does anyone here believe this lawsuit would have been filed if the father had been an Asian donor?
Breach of warranty means you win. 'Damages' determines how much you win in a lawsuit. What are the damages here? In order to claim damages, the race card had to be played.
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.
Got it. It looks like race goes into explaining their request for money to move their mixed race child to what they think is a more suitable environment. They want her to grow up with people of a similar cultural background. From what I'm reading wrongful birth, while unfortunate in name, is the closest legal term that means that the doctor did not inform them of the inaccuracy prior to birth.
Like an article said
"In fact, the very name these cases often go by—wrongful birth—isn’t exactly engineered to lead to success. In reality, the cases typically involve garden-variety negligence: Someone mislabeled a vial, someone else didn’t properly clean the sperm spinner, and so on. But courts in many states have slapped the wrongful-birth label on these cases, as a way to signal there’s something sort of creepy about suing over the birth of a child.*Wrongful*birth? Really? We are talking about kids, right?"
The race factor comes in as to damages. Does anyone here believe this lawsuit would have been filed if the father had been an Asian donor?
Breach of warranty means you win. 'Damages' determines how much you win in a lawsuit. What are the damages here? In order to claim damages, the race card had to be played.
I do. There other kid wouldn't share the DNA of the first kid and they still might feel obliged to live in a less homogenous neighborhood.
Got it. It looks like race goes into explaining their request for money to move their mixed race child to what they think is a more suitable environment. They want her to grow up with people of a similar cultural background.
LesbianVille?
Sorry.
But I don't get it. What cultural background is a person born with. If I were raised by a black family in a black community wouldn't my culture be black culture. If one is never exposed to their "culture" how will they have any knowledge of it. Do we inherently talk, think, behave a particular way because of the color of our skin?
LesbianVille?
Sorry.
But I don't get it. What cultural background is a person born with. If I were raised by a black family in a black community wouldn't my culture be black culture. If one is never exposed to their "culture" how will they have any knowledge of it. Do we inherently talk, think, behave a particular way because of the color of our skin?
From what I've read they don't want to ignore that the child has a cultural identity that she may not be able to easily access in their current community. I mean you could adopt an Asian, Russian, black or other type of baby that isn't the same race or ethnicity and ignore the things that they could have grown up celebrating and knowing had they been raised with others of the same race and ethnicity but some like to keep it alive for the next generation. It's not as if the kid would never be exposed to it as we don't completely live in bubbles but they may want her to be apart of it instead of an outsider looking in.
You act, behave, talk and think based on internal and external influences. It seems as if they would like to control some of her external influences.
From what I've read they don't want to ignore that the child has a cultural identity that she may not be able to easily access in their current community. I mean you could adopt an Asian, Russian, black or other type of baby that isn't the same race or ethnicity and ignore the things that they could have grown up celebrating and knowing had they been raised with others of the same race and ethnicity but some like to keep it alive for the next generation. It's not as if the kid would never be exposed to it as we don't completely live in bubbles but they may want her to be apart of it instead of an outsider looking in.
You act, behave, talk and think based on internal and external influences. It seems as if they would like to control some of her external influences.
Still not seeing it.
So like what? What does the average black American grow up celebrating and knowing that the average white American doesn't. What is a half Asian kid growing up in Ohio going to miss out on that a full Asian American born kid growing up in Indiana doesn't. From what I observe kids of all colors and cultures do the same things and celebrate the same things.
These kids grow up Americans. As stated earlier I live in a small rural southern town of ~2500 people. My old neighbors were half Korean, another neighbor adopted 3 dark skinned children from another country and have two biological Caucasian kids, a relative was (she passed away) married to a AA man and they have a child, I know numerous white/Latino couples. I don't see any of these children having a cultural identity crisis. They have and are growing up small town American kids.
Still not seeing it.
So like what? What does the average black American grow up celebrating and knowing that the average white American doesn't. What is a half Asian kid growing up in Ohio going to miss out on that a full Asian American born kid growing up in Indiana doesn't. From what I observe kids of all colors and cultures do the same things and celebrate the same things.
These kids grow up Americans. As stated earlier I live in a small rural southern town of ~2500 people. My old neighbors were half Korean, another neighbor adopted 3 dark skinned children from another country and have two biological Caucasian kids, a relative was (she passed away) married to a AA man and they have a child, I know numerous white/Latino couples. I don't see any of these children having a cultural identity crisis. They have and are growing up small town American kids.
Sure they grow up American. Was that ever in question?
Odds are that you won't see them having an identity crisis. It's not something that people tend to broadcast to their neighbors. If you're really interested start reading. There are countless articles and books that do a great job of describing people's experiences when they grow up with a race or ethnicity that is not their own. There are also plenty that detail what it was like to have their parents seek out people to try and help them understand certain experience and whether or not it was beneficial.
If you're asking about black culture in America that is far too vast of a subject to write about. It's like asking for a quick breakdown of any American subculture. Of course people celebrate some of the same things and then there are others that are more likely to occur within one group and not the other.
Sure they grow up American. Was that ever in question?
Well, in a manner yes. As Americans just how different do we grow up because of our skin color or heritage. The plaintiffs are suggesting and it seems many people agree that a biracial child is going to miss out on her cultural heritage because they live in a community dominated by one side of her mixed race.
I'm just looking for enlightenment on just what specifically she is going to be deprived of.
As a white person what am I missing? What cultural heritage have I missed out on because my parents raised me in a white community and I wasn't exposed to my half Cherokee grandmothers people or my grandfathers Irish roots. These are questions going thru my head. Perhaps these are questions that will be asked in the court case if it every goes to court.
Got it. It looks like race goes into explaining their request for money to move their mixed race child to what they think is a more suitable environment. They want her to grow up with people of a similar cultural background. From what I'm reading wrongful birth, while unfortunate in name, is the closest legal term that means that the doctor did not inform them of the inaccuracy prior to birth.
Except that they were informed of the error prior to the birth, long before the birth, as soon as the error was confirmed.
Quote:
Like an article said
"In fact, the very name these cases often go by—wrongful birth—isn’t exactly engineered to lead to success. In reality, the cases typically involve garden-variety negligence: Someone mislabeled a vial, someone else didn’t properly clean the sperm spinner, and so on. But courts in many states have slapped the wrongful-birth label on these cases, as a way to signal there’s something sort of creepy about suing over the birth of a child.*Wrongful*birth? Really? We are talking about kids, right?"
They are arguing that being black--even partially black--is the same thing as a severe congenital defect.
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