Sperm Bank Liability: Do Damages Accrue for Defective Deposits? The Impact of Collins v. Xytex Corp.

7 Pages Posted: 22 Feb 2017 Last revised: 1 Dec 2018

See all articles by Barbara Pfeffer Billauer

Barbara Pfeffer Billauer

Institute of World Politics; International Program in Bioethics, U. of Porto; Foundation for Law and Science Centers, Inc.

Date Written: February 21, 2017

Abstract

Most cases brought against sperm banks have failed for lack of a recognized cause of action that addresses sperm bank negligence. Although causes of action have been brought under fraud and negligent misrepresentation and products liability theory has been suggested as an alternative vehicle, at the end of the day, courts have ruled these cases are nothing more than wrongful life claims. Most cases against sperm banks, therefore have failed. According to a recent judge, the law just isn’t keeping up with the science. This article discusses some of the problems that flawed and irregular international regulation generates, along with delving into the problems that ensue from anonymous sperm donation. One possible alternative cause of action is suggested to deal with problems generated by anonymous sperm donation.

Keywords: sperm bank, sperm, liability, products liability, fraud, negligent misrepresentation

JEL Classification: A13, A14, D18, D24, D63, D81, J17, J13, K13, L51, L53, L69

Suggested Citation

Billauer, Barbara P., Sperm Bank Liability: Do Damages Accrue for Defective Deposits? The Impact of Collins v. Xytex Corp. (February 21, 2017). Available at SSRN: https://ssrn.com/abstract=2920969 or http://dx.doi.org/10.2139/ssrn.2920969

Barbara P. Billauer (Contact Author)

Institute of World Politics ( email )

1521 16th St NW,
Washington, DC
United States
+1 202-462-2101 (Phone)

International Program in Bioethics, U. of Porto ( email )

Rua Dr. Roberto Frias
4200-464 Porto
Portugal

Foundation for Law and Science Centers, Inc. ( email )

1020 16th Street NW
Suite LL1
Washington, DC 20036
United States
972 54 344 6055 (Phone)

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