Sperm Banks Held to Strict Products Liability

11 Apr


In 1995, a woman decided to purchase some sperm in order to conceive a child.  Unknowing to her, the sperm contained a “Fragile X” chromosome and would spawn a child with various defects.  A few weeks ago, a New York judge held that the sperm bank that sold the defective sperm was strictly liable for the defective sperm just like any other commercially sold product.  Once the daughter turns 18, she will now be able to sue the sperm bank for contracts and torts claims.

I love it!  Can we now move on to my theory that all children should have a 48 month return policy?  If I as a parent end up with a defective child, can I take it back like any other product with a warranty?

Full story @ Law.com

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