ATLANTA (AP/WSAV) — Georgia’s highest court says parts of a lawsuit filed against a sperm bank can proceed.
The state Supreme Court ruling came Monday in a lawsuit filed by Wendy and Janet Norman against Xytex Corporation. The lawsuit alleges that the sperm bank misrepresented its process for screening donors and provided incorrect medical and educational history of their donor.
The suit comes after Xytex Corporation accidentally released information on a sperm donor, who claimed to have an IQ of 160, speak four languages, and have a doctorate in neuroscience engineering.
The sperm bank failed to verify any of the claims — and they were all false.
In reality, the sperm donor was a 23 year-old who did not finish college, served time in prison for burglary and had diagnosis for schizophrenia.
The justices said some parts of the lawsuit are barred by a previous Georgia Supreme Court ruling that doesn’t allow claims for “wrongful birth.” But it says other claims that don’t treat the birth of the couple’s child as an injury can proceed.