New Scientist magazine is reporting that sperm should be subject to the same product liability laws as car brakes, according to a U.S. judge who has given a teenager with severe learning disabilities the go-ahead to sue the sperm bank that provided her with a biological father.
The 13-year-old girl was born with fragile X syndrome, a genetic disorder causing mental impairment and carried on the X chromosome. She is now suing the sperm bank, Idant Laboratories of New York, under a product liability law more commonly associated with manufacturing defects, such as faulty car brakes.
The plaintiff does not have to show that Idant was negligent, only that the sperm it provided was unsafe and caused her injury. Genetic tests have revealed that she inherited the disorder from her biological father.
The girl was conceived in Pennsylvania, where a “blood shield law” protects sellers of human bodily material from product liability suits. In New York state, however, sellers are not protected by any such law. On March 31, a federal judge ruled the case should be tried in New York.
It made me wonder how far we are from being able to sue the actual human who produced the gamete. This may be just the tip of the flagellum.
That’s ridiculous…it’s a risk that ANY parent makes when they reproduce…unless you have genetic counseling done first with BOTH parents involved…you are rolling the dice on how the child will turn out.
As far as sperm banks, to my knowledge, they are only required to screen for disease…not genetic disorders. But, I’m not sure…
Now, if they will be required to do extensive genetic research on every donor the cost for sperm will go up dramatically. All of those infertile couples will have cough up even MORE money for a child.