What should happen in this case? Do you think this ex-girlfriend should be facing criminal charges for stealing the sperm instead of just a civil case?
A Louisiana man has filed suit in Harris County against Obstetrical and Gynecological Associates, PA of Houston because he claims their sperm donation clinic gave two vials of his sperm to an ex-girlfriend who has had his child.
The man's attorney said the child?s paternity has been proven. The boy is now two years old.
Layne Hardin, 44, said he made the sperm donation specifically for another woman with whom he already has a 12-year-old child. He claims however that his ex-girlfriend, Tobie Devall, walked into the sperm donation facility and ?bluffed? her way into receiving vials of his sperm.
Hardin said the clinic handed Devall the sperm in a brown paper bag and she walked to a doctor's office in the same building and was inseminated.
In a countersuit, Devall claimed Hardin told her she could use his sperm to be inseminated and become pregnant. She also claims he was aware of her insemination. Her attorney, Lee Hoffoss, said Hardin is a "money grubber" who is after cash from Devall's wealthy family and from the medical facility.
Hardin said Devall has never let him see his child. Her attorney said he has never requested to see the boy.
Hardin said he may now be responsible financially, but the largest burden is emotional.
"It don't stop when he's 18," Hardin said. "This is forever. This ripple effect affected me and my family. When he gets old enough and realizes how he was brought into this world, then his ripple effect starts."
"At the end of the day, there are more precautions taken giving an 18-year-old a pack of cigarettes and checking their ID than there was for this sperm bank checking the credentials of this lady," said Hardin's attorney Cade Bernsen.
The doctor in charge of the sperm donation clinic, Dr. George Grunert, said he could not comment on the case because it is in litigation. He referred KHOU 11 News to his attorney who also declined comment.
Bernsen and Hardin said they hope this case results in laws to protect people from something like this happening to them.
The clinic is also named in court documents as Obstetrical and Gynecological Associates, PLLC and Texas Andrology Services, LLC.
The case is set for an April trial in Harris County Civil Court.