NY Fertility Clinic Used Wrong Sperm for Insemination

Christina Cole

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A New York judge is allowing a couple to sue a fertility clinic that is accused of inseminating a woman with sperm that was not her husband's.

The couple filed a medical malpractice lawsuit after the wife gave birth to a baby whose skin they felt was too dark to be their child. The judge noted the couple had three DNA tests done - two professional labs and a home kit, all of which confirm that her husband is not the baby's biological father.

The couple, of Commack, New York, sued New York Medical Services for Reproductive Medicine, accusing the clinic of medical malpractice along with various other offenses. The couple contends that they love and cherish their daughter, she also serves as a daily reminder of the mistake that was made.