The Study of Racialism

mymulatto · Experienced User Joined: 06 Jul 2005 {Posts: 137 }

http://www.nypost.com/seven/03222007/news/regionalnews/black_baby_is_born_to_white_pair_regionalnews_todd_venezia.htm

Should a couple be entitled to sue because a fertility clinic mistakenly impregnated the woman with sperm other than her mate's? Click 'Discussion Board' beneath the photo to tell us what you think.

A Park Avenue fertility clinic's blunder has left a family devastated - after a black baby was born to a Hispanic woman and her white husband, the couple charges in a lawsuit.

The mistake, made during in-vitro conception, wasn't discovered until Jessica Andrews was born - and it became clear she didn't look anything like her mom, Nancy, or dad, Thomas, the suit says.

The baby's complexion was much darker than that of her mom - a light-skinned native of the Dominican Republic - or dad.

"Jessica doesn't look like them," said the couple's attorney Howard Stern, of Long Island.

When Thomas and Nancy Andrews asked their doctor, Manhattan obstetrician Martin Keltz, what was going on, he allegedly told them that Jessica's condition was an "abnormality," and assured them she would "get lighter over time," according to the couple's suit, filed in Manhattan Supreme Court.

But they found out the truth when DNA tests proved that Jessica - born in October 2004 - was not conceived with Thomas' sperm.

"Three DNA test were taken, and each one excluded the father," Stern said.

The tests showed that Nancy Andrews is the mother - her egg was used, but with the wrong sperm.

The family is so distraught that they have not even told many of their relatives about the situation. The Andrews fear the natural father may try to come forward and claim rights to the girl, the suit says.

"[Jessica] will never know or be able to determine the identity of her actual father, and will consequently never be able to know her full medical history and condition," the suit also claims.

They also fear that that the unnamed African-American donor's sperm may have been used to dupe other couples, or that another couple may have gotten Thomas Andrews' sperm.

"There is continuing uncertainty . . . as to whether the genetic material of either or both of them has been inappropriately used for others and that they may have natural children or half-children that they are unaware of," the suit said.

Judge Sheila Abdus-Salaam ruled this week that the Andrews' emotional distress suit can go to trial against the fertility clinic - New York Medical Services for Reproductive Medicine, headed by Dr. Reginald Puckett - and the embryologist who allegedly mixed up the samples, Carlo Acosta.

The judge dismissed claims against Keltz because he had no hand in performing the allegedly botched fertilization procedure.

Despite the alleged baby bungle, little Jessica was born healthy.

The Andrews, however, fear that because of the circumstances of her birth "she may be subjected to physical and emotional illness as a result of not being the same race as her parents and siblings," according to their suit.

" The doctors and attorneys for the clinic could not be reached. In court papers, they have claimed they are not legally liable for the sperm screw-up.[/url]

Salsassin · Suspended Joined: 04 Apr 2005 {Posts: 3508 }

She ent white. She Dominican.

Christina · New User Joined: 01 Feb 2007 {Posts: 36 }

It would seem that the parents made a tactical error when they emphasized the color and nationality differences between themselves and the child. The sheer fact that the lab made an error, and that the child is not genetically related to her husband, should have been the major point of contention. It's certainly reasonable to want the genes of your spouse to be passed on to your child --and they presumably contracted for this. But the parents or at least their lawyer, framed this, in part racially. Perhaps, there is some monetary motive for bringing the racial aspect here. But, in the process they have engendered a backlash.

From one other chat boards that I have visited, the mother and father are not garnering much sympathy. In fact, some would argue that it is the father that is the outlier not so much the younger child.

Phil345 · Wizard Joined: 03 Oct 2005 {Posts: 520 }

Dragon Horse · Posted: Fri 23 Mar 2007 13:00 Post subject:

Can some of you folks go to blackprof and educate these people.

http://www.blackprof.com/archives/2007/03/parents_of_the_week.html

I tried. Rolling Eyes

leosprycat · Posted: Fri 23 Mar 2007 14:14 Post subject:

Salsassin · Suspended Joined: 04 Apr 2005 {Posts: 3508 }

William · Posted: Fri 23 Mar 2007 15:38 Post subject:

MisterLawyer · Posted: Fri 23 Mar 2007 15:45 Post subject:

I think that its quite tragic they could not have found a way to keep this lawsuit sealed or keep this from going to court at all. It really creates a bad situation: For the sake of the lawsuit and getting their $$, the couple has to keep up the "oh were so distrissed at having a "black" baby, we can't go out in public, our lives and our daughter's life are ruined." This is exactly the opposite of what is best for the child in the long run: be as positive as possible about the whole situation as possible-if it wasn't for this mistake, their daughter wouldn't exist. Let her know how special she is and that it is really a "miracle" that she even exists. Chalk it up to fate and be very thankful that she doesn't have a fatal disease. I hope that their quest for $$ does not permanantly damage their daughter's self esteem.

MisterLawyer · Posted: Fri 23 Mar 2007 15:49 Post subject:

sagascend · Moderator Joined: 17 Jun 2006 {Posts: 2112 }

triguy · Superuser Joined: 27 Apr 2005 {Posts: 878 }

I agree that the parents have a right to sue the clinic for mixing up sperm samples. That's basic contract law for an engagement of service.

However, the child is still the mother's blood child. Shouldn't the mother lover her as much?

And, who cares how the mother identifies herself? She's obviously mixed race but if she identifies as 'white,' whatever. However, the mother should be honest enough to realize that her daughter resembles some of her own ancestors.

Mainly, I'm concerned for the child and the psychological damage the parents might do to her. It might be better if she were with parents who had less emotional baggage to dump on the girl for not being the genetic child of both parents. Maybe the DCFS should step in and request the parents go through psychological counseling?

MisterLawyer · Posted: Fri 23 Mar 2007 21:07 Post subject:

triguy · Superuser Joined: 27 Apr 2005 {Posts: 878 }

caribj · Suspended Joined: 14 Mar 2007 {Posts: 437 }

They need to get over it. That child is quite consistent with the looks of the mother. When I saw the mother first and then he headline "two white parents" I thought whats wrong here. Did she think that by marrying a white man she would not have the risk of having a kid with some visible SSAfrican ancestry? While this case might be a mistake most assuredly even with her husbands sperm she can produce a child like that. Looking at the kid while she might be darker she looks as mixedas her mom. I am not sure what kind of hair her mother has as it might be straightened.

And dont make me laugh about emotional stress because she isnt the same "race" as the family. Her self esteem will be fine provided that her mom tells her that both the kid and the mother are of mixed European and African ancestry and thats fine to be like this. Now if the mother perpetrates that she is a white woman and teh girl is a freak then there will be problems.

The girl is the same "race" as her mother. She is female of mixed SSAfrican and White European ancestry. I detect that the mother is upset that marrying a white man didnt wash out this "hated" blood of Africa from her kids veins. Wonder if the kid came out whiter whether there would be as much fuss. Its clear the problem isnt the wrong sperm, but the wrong color.

Do we now wonder about those who claim that its not racism/colorism, but classism that holds blacks down in latin America. Its clear that its not nice to be black, or even be part black as this girl surely is. No wonder "good appearance" in Latin America means "please dont be black, or show too much evidence of it if you want a job here"!

caribj · Suspended Joined: 14 Mar 2007 {Posts: 437 }

Salsassin · Suspended Joined: 04 Apr 2005 {Posts: 3508 }

Salsassin · Suspended Joined: 04 Apr 2005 {Posts: 3508 }

caribj · Suspended Joined: 14 Mar 2007 {Posts: 437 }

[quote="Salsassin"]

caribj · Suspended Joined: 14 Mar 2007 {Posts: 437 }

[quote="Salsassin"][quote="sagascend"]