Getting back to the story, I do believe she, or even a hetero married couple where in the same mistake of the sperm bank were made, would have the right to sue the sperm bank for their error, if they were not given what they paid for...in which the sperm of a white male, is what they requested....and whether the hetero couple or the lesbian couple were racist or not racist, or families were racist or not racist, should not even be a factor....the sperm bank did not deliver what their customer purchased.
Simple as that....
I would agree if they had left the whole racist thing out. You are right, they did not get the service they requested.
Now what they are entitled to for the error is another story. To me, they get a refund for the cost of the sperm, no "emotional damage" claims, not claims of the bank having to pay for the kid's upbringing.
If they really can't stand the thought of a mixed race baby, they should put it up for adoption.
As the future father of mixed race children (my fiance is Indian/Bengali, I'm Irish/Italian) their proposed reason for suing makes me sick.
Well, they could probably also fairly get something for the 9 months of the recipient for carrying the child that was the result of that which was not what she paid for, and the risk she took with her life during said pregnancy....and who even knows what else.....
I have not read the article or any article in full on this other than a quick skim....
But, legally....I do believe she could win her case, including the further consequences as a result of this sperm bank error that she claims has damaged her life, even though I agree with you on how sickening and how racist this all seems and is, imo!!!
But....the sperm banks error did NOT end with simply handing their customer the wrong bag of merchandise, and all that needs to be done is give a refund, (once the bag is returned, which is impossible).... 9 months of pregnancy and a lifetime is connected to the error... most would count their blessing that they were able to have a child!!! But, from a legal perspective, I think this couple has a case...and could win it....maybe not to the financila degree that they may want and expect, but on the grounds of just not getting what they wanted and paid for, that would affect the rest of their lives.