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
Date Written: February 21, 2017
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: Suggested Citation