I saw this article the other day and then Law Mommy posted about it, and it really got me thinking...... See for yourself.

Couple Sues Fertility Clinic for Wrong Sperm
Lawsuit Says Baby Darker Than Either Parent
AP

NEW YORK (March 23) - 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.

The judge, in her ruling made public Wednesday, dismissed the claims against Dr. Martin Keltz, who had advised the procedure and had performed the embryo implantation. She allowed the case to proceed against Dr. Reginald Puckett as owner of the clinic but threw out the case against him as an individual. In trying to have the lawsuit against Puckett dismissed, his lawyer, Martin B. Adams, told the court that Puckett "did not examine, communicate with, care for or treat plaintiffs."

The judge found Carlo Acosta, the non-physician embryologist who processed the egg and sperm for creation of an embryo, also could be held liable.

The couple's lawyer, Howard J. Stern, did not immediately return a telephone call for comment.

This family needs some SERIOUS counseling.... They look at it like they are being forced to raise a child of a different race. Look at all of us who are standing in line to raise a child of a different race.

I feel so sad for this little girl, one day she will be old enough to read court transcripts and know what her parents said about her and the circumstances surrounding this "terrible mistake".

I realize that the wrong sperm was used but, the mother is no less the mother if it had been her husbands sperm.

I guess what really got me thinking was, what about my own daughter? I should hope that my daughter never views the situations surrounding her birth and the start of her life as a "terrible mistake".

Maybe when we get a referral we will know a little about her birth mother and her situation but, chances are we won't. So, I guess I have a little bit of time to mull this over.