As reported in the Insurance Journal, a judge in Atlanta has thrown out a lawsuit accusing a sperm bank and sperm donor of misrepresenting the medical and educational history of the donor.
Angela Collins and Margaret Elizabeth Hanson, who live in Canada, filed the lawsuit in March against Xytex Corp., its parent company, sperm bank employees and the donor.
Collins and Hanson alleged that sperm bank employees recommended the donor, saying he was smart, healthy and mature. They later found out the donor is schizophrenic, dropped out of college and had been arrested for burglary.
Fulton County Superior Court Judge Robert McBurney wrote in an order filed Tuesday that while the lawsuit makes allegations including fraud, negligence and product liability, each claim is “rooted in the concept of wrongful birth,” which is not recognized under Georgia law.