Sue because your designer baby has the wrong DNA

[AthenaAwakened]

What is garnering attention in this case is the fact that a white lesbian through the fault of a sperm bank has birthed a brown child.

It is the "unnatural freak show" voyeur America loves!

The Fact that real people with real feelings are involved doesn't matter. The implied belief that white people having non white babies is a horrible thing can be glossed over. The truth that black people have black children every day and no town crier wails on the TV news about how awful it is to bring a child of color into a bigoted world will not be spoken about.

The only word to describe this shit is

Twisted.

We as a nation are truly fucked up.

 

[none]

I think the argument hinges on undue burden, what is the woman's undue burden?
having a bi-racial baby is an undue burden?

It does not hinge upon undue burden other than having a fetus she did not agree to put inside her body that she then had to either deal with the emotional trauma of killing it or birthing it than giving it away, or must now caring for. The fact that she agree to have a different fetus put inside of her does not alter this any more than the fact that a person agrees to one type of surgery eliminates the liability of a doctor that mistakenly gives them a different type of surgery (e.g., sex change or plastic surgery). Even if by everyone's subjective opinion including the patients, they are as or even better looking after the surgery, it does not eliminate the liability of doctor.

so if the real damage was a clerical event be it a clerical error but argued ^here^, a clerical event is the problem.
why can't I sue because a clerical event occurred?

 

[RavenSky]

What is garnering attention in this case is the fact that a white lesbian through the fault of a sperm bank has birthed a brown child.

It is the "unnatural freak show" voyeur America loves!

The Fact that real people with real feelings are involved doesn't matter. The implied belief that white people having non white babies is a horrible thing can be glossed over. The truth that black people have black children every day and no town crier wails on the TV news about how awful it is to bring a child of color into a bigoted world will not be spoken about.

The only word to describe this shit is

Twisted.

We as a nation are truly fucked up.

I don't think I agree with this. There was that famous case of babies switched at the hospital. One of the children ultimately died due to genetic issues, which is how the switch was discovered. HUGE lawsuits, HUGE national attention, HUGE issues over the issues of what makes a parent. Both girls were white.

 

[AthenaAwakened]

What is garnering attention in this case is the fact that a white lesbian through the fault of a sperm bank has birthed a brown child.

It is the "unnatural freak show" voyeur America loves!

The Fact that real people with real feelings are involved doesn't matter. The implied belief that white people having non white babies is a horrible thing can be glossed over. The truth that black people have black children every day and no town crier wails on the TV news about how awful it is to bring a child of color into a bigoted world will not be spoken about.

The only word to describe this shit is

Twisted.

We as a nation are truly fucked up.

I don't think I agree with this. There was that famous case of babies switched at the hospital. One of the children ultimately died due to genetic issues, which is how the switch was discovered. HUGE lawsuits, HUGE national attention, HUGE issues over the issues of what makes a parent. Both girls were white.

AND?

The US has the highest infant mortality in the developed world. That should be in the news everyday.

Instead, a story that plays out the fear of the changling narrative gets huge play and a big lawsuit. A story that validates a fear gets play and the real horror merrily goes on its way.

Does the truth of your post invalidate anything in my post? Can only one evil exist in the same time and space?

 

[Loren Pechtel]

IT is not a defective product. That is the wrong argument (even if it is somewhat the argument the mother is unfortunately making). There is really no argument needed beyond the clear cut fact that it is not the product she wanted, and because it is a human being and not an inanimate object there is no way to correct or undo their screw up. Again, it is no different than if a doctor gave you an irreversible sex change rather than the vasectomy you ordered. The issue is not that you are now "defective" or "inferior", and it is totally irrelevant whether you are able to find a way to love the new you. The doctor's liability would still be massive, and by massive, I mean in the millions.

I think the argument hinges on undue burden, what is the woman's undue burden?
having a bi-racial baby is an undue burden?

Biracial isn't the issue so much as doesn't look like their partner. They specifically chose a donor that looked like the one who wouldn't be carrying the child so the resulting baby would look like it came from the two of them.

 

[RavenSky]

I don't think I agree with this. There was that famous case of babies switched at the hospital. One of the children ultimately died due to genetic issues, which is how the switch was discovered. HUGE lawsuits, HUGE national attention, HUGE issues over the issues of what makes a parent. Both girls were white.

AND?

The US has the highest infant mortality in the developed world. That should be in the news everyday.

Instead, a story that plays out the fear of the changling narrative gets huge play and a big lawsuit. A story that validates a fear gets play and the real horror merrily goes on its way.

Does the truth of your post invalidate anything in my post? Can only one evil exist in the same time and space?

Right, wrong or indifferent, I think the horrified fascination comes from the "changling narrative" as you put it (good description IMO), nothing else.

That said, this thread is the only place I've seen this story posted so far

 

[none]

I think the argument hinges on undue burden, what is the woman's undue burden?
having a bi-racial baby is an undue burden?

Biracial isn't the issue so much as doesn't look like their partner. They specifically chose a donor that looked like the one who wouldn't be carrying the child so the resulting baby would look like it came from the two of them.

so they don't like the baby case closed, or they don't accept the baby the way it is.. case closed.
I guess it's the sperm donor bank's fault they don't like the baby...

 

[none]

@Loren Pechtel, I should have know your post was bullshit.
to clarify that the issue is the baby being bi-racial and not that it doesn't look like her partner FROM THE LAWSUIT ITSELF:
http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html

Raising a mixed-race daughter has been stressful in Cramblett and Zinkon's small, all-white community, according to the suit. Cramblett was raised around people with stereotypical attitudes about nonwhites, the lawsuit states, and did not know African-Americans until she attended college at the University of Akron.

"Because of this background and upbringing, Jennifer acknowledges her limited cultural competency relative to African-Americans and steep learning curve, particularly in small, homogenous Uniontown, which she regards as too racially intolerant," the lawsuit states.

Part of that learning curve has included getting her daughter's hair cut, which according to the suit requires Cramblett to travel to a black neighborhood, "where she is obviously different in appearance, and not overtly welcome."

She fears that her "all white and unconsciously insensitive family," which has never been able to fully embrace Jennifer's homosexuality, could have a negative effect on her daughter, according to the lawsuit.

"Though compelled to repress her individuality amongst family members, Payton's differences are irrepressible, and Jennifer does not want Payton to feel stigmatized or unrecognized due simply to the circumstances of her birth," the lawsuit states. "Jennifer's stress and anxiety intensify when she envisions Payton entering an all-white school."

 

[Blahface]

I think it is a crap position for the mother in that she has to show "damages" under the law, yet "damages" or no - the clinic failed to use due diligence and should be penalized regardless.

I agree. The clinic is supposed to provide a “designer baby” and they failed. Even in an ideal scenario in which they lived in a completely liberal and diverse area and they were as happy as can be – there still needs to be accountability for the clinic and there needs to be deterrents so that it doesn't happen again.

That being said, fuck the lesbian couple. There are so many kids out there that already exist and need a home. They should have adopted instead of polluting the world with another kid.

Also, the couple said that they picked the male donor because he had physical traits similar to non-biological mother. At first thought, this sounds reasonable, but it is still genetic discrimination. Would there be as much as a backlash against the couple if the baby was still white, but it was still a screw-up and the baby still didn't have the traits similar to the non-biological mother? Why is it more acceptable to design a baby that looks like you, but not acceptable to design a baby to be a particular race? Either way, it is still biological bigotry.

 

[none]

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

 

[Blahface]

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

Why does it matter? Either way, it is still biological bigotry.

 

[none]

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

Why does it matter? Either way, it is still biological bigotry.

yeah I think it is pretty fucked up but curios how it will play out in court.
I don't think any argument they make will win.
the sperm bank reform yes but I don't see the civil suit having any merit.

 

[Mumbles]

Also, the couple said that they picked the male donor because he had physical traits similar to non-biological mother. At first thought, this sounds reasonable, but it is still genetic discrimination. Would there be as much as a backlash against the couple if the baby was still white, but it was still a screw-up and the baby still didn't have the traits similar to the non-biological mother? Why is it more acceptable to design a baby that looks like you, but not acceptable to design a baby to be a particular race? Either way, it is still biological bigotry.

Isn't that also true of how children are normally conceived when it's done naturally, though? I mean, there are guys who sabotage birth control methods, or, well, force themselves on women, and Arranged marriages, but those sound less than ideal to me...

I dunno, I'm kinda at a loss as to why this is a real problem.

 

[jab]

good point

 

[jab]

But this is Ohio; so if the baby is black, all she needs to do is give it a toy gun, and call the cops. They shoot the baby; problem solved.

It's a girl I think, so she'd also have to dress it up in boys' clothes.

 

[Blahface]

Also, the couple said that they picked the male donor because he had physical traits similar to non-biological mother. At first thought, this sounds reasonable, but it is still genetic discrimination. Would there be as much as a backlash against the couple if the baby was still white, but it was still a screw-up and the baby still didn't have the traits similar to the non-biological mother? Why is it more acceptable to design a baby that looks like you, but not acceptable to design a baby to be a particular race? Either way, it is still biological bigotry.

Isn't that also true of how children are normally conceived when it's done naturally, though? I mean, there are guys who sabotage birth control methods, or, well, force themselves on women, and Arranged marriages, but those sound less than ideal to me...

I dunno, I'm kinda at a loss as to why this is a real problem.

One reason it is a problem is because there are already enough kids that don't have homes. We should try to tackle that problem before we create more. Unfortunately though, people are biologically selfish and want little thems. Also, even for those that will adopt, they want babies and they want them white. There are more than enough kids who need homes that could be adopted, but they are either too old or not the right color, so they are fucked.

 

[jab]

"damages" imply that the product is defective.

 

[Toni]

I think the argument hinges on undue burden, what is the woman's undue burden?
having a bi-racial baby is an undue burden?

Biracial isn't the issue so much as doesn't look like their partner. They specifically chose a donor that looked like the one who wouldn't be carrying the child so the resulting baby would look like it came from the two of them.

They made deliberate choices about the donor in order to, among other things, make their lives easier by trying for a child which would resemble them both. Having a biracial child introduces a lot of complications they did not intend or plan for. They seem to know how their families and community will react. It is one thing to choose to confront that yourself . It's another to choose that for your child.

I'm pretty sure of have no problem telling people to just fuck off, no matter how closely we were related. But then, it's not my family and its not my kid : talk is easy

 

[Axulus]

What is garnering attention in this case is the fact that a white lesbian through the fault of a sperm bank has birthed a brown child.

It is the "unnatural freak show" voyeur America loves!

The Fact that real people with real feelings are involved doesn't matter. The implied belief that white people having non white babies is a horrible thing can be glossed over. The truth that black people have black children every day and no town crier wails on the TV news about how awful it is to bring a child of color into a bigoted world will not be spoken about.

The only word to describe this shit is

Twisted.

We as a nation are truly fucked up.

What are you talking about? What is garnering attention is the fact that the sperm bank is being sued for damages beyond a full refund of the price paid. The interesting discussion is whether she should be entitled to such damages or not. Don't know how you twisted it into something else.

 

[Mumbles]

Isn't that also true of how children are normally conceived when it's done naturally, though? I mean, there are guys who sabotage birth control methods, or, well, force themselves on women, and Arranged marriages, but those sound less than ideal to me...

I dunno, I'm kinda at a loss as to why this is a real problem.

One reason it is a problem is because there are already enough kids that don't have homes. We should try to tackle that problem before we create more. Unfortunately though, people are biologically selfish and want little thems. Also, even for those that will adopt, they want babies and they want them white. There are more than enough kids who need homes that could be adopted, but they are either too old or not the right color, so they are fucked.

Yes, you mentioned that, and I removed it specifically because I was not addressing it.

But okay. Any child up for adoption is, you know, born. Again, you're selecting based in part on genetics. Are black kids adopted less than white kids? Yes. Should more people adopt? It'd be nice. Would I like if more black kids specifically were adopted? Well, given that they're already in the adoption system, sure. You won't be seeing too mandatory adoptions in the US, though, so, we do what we can.

"damages" imply that the product is defective.

Considering that the "product" in question is really just ejaculate, I'd say that it doesn't really say much about the resulting kid beyond their genetic composition. C'mon, that's like saying that the gun was defective because you are suing the police for damages after one shot you for no reason. No, the gun was fine, the cop was the problem.

Same thing here. The kid's fine, but the sperm bank still messed up. And yes, I'm aware of the implications of that analogy - it's an *analogy*. All the caught on tape police violent is on my mind, that's the sole reason I went there.