Man Accuses Ex-Girlfriend of Stealing His Sperm

[Vampirate Kitsune]

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Quote:

Louisiana Man Accuses Ex-Girlfriend of Stealing His Sperm

A Louisiana man is suing a fertility clinic and an ex-girlfriend after the sperm bank handed over two vials of his sperm in a "paper lunch sack" to the woman who then conceived a child without his permission, his lawyer said.

Lawyer Cade Bernsen accuses Toby Devall of having "bluffed her way into getting the sperm" and created a baby without ex-boyfriend Layne Hardin's consent "purposefully out of vindictiveness and to punish him for breaking up with her."

Hardin also alleges that the sperm bank and an affiliated fertility clinic had an "utter lack of safeguards and protections," according to his lawyer.

Now Hardin could be asked to pay child support for the 2-year-old boy, despite never authorizing the use of his sperm or having met the child.

In 2002 Layne Hardin, 44, and then girlfriend, Katherine LeBlanc, 40, agreed to freeze Hardin's sperm after having a son, who is now 12, and Hardin decided to undergo a vasectomy, according to court papers.

Bernsen, who represented both Hardin and LeBlanc, said the couple signed a contract with a sperm bank giving any future access to the sperm solely to LeBlanc if she decided to conceive another child. They paid annually to keep the sperm cryogenically frozen.

The couple subsequently broke up, and Hardin began dating Toby Devall. Hardin and Devall had a "volatile, on-and-off again relationship" that ended two years ago, Bernsen said.

Hardin and LeBlanc allege that Devall in 2011 walked into the Texas Andrology Services sperm bank, asked for and was given Hardin's sperm, no questions asked, Bernsen said. She then went next door to the affiliated Obstetrical and Gynecological Associated fertility clinic and was inseminated, the lawyer said.

"They had a written contract that specified only two people that could access this sperm, yet the sperm bank let someone walk in off the street and take two vials of sperm in a paper lunch sack… They never checked. That's what's frightening," Bernsen said.

A representative for the sperm bank said "no comment," when reached by ABC News.com.

Devall had a son, now 2, with the sperm. But Hardin has never met the boy, his lawyer said.

Both parties live in a small town and neighbors tell the man the boy looks like him, adding to his personal anguish, according to his lawyer.

Hardin's lawyer said the man may ultimately be forced to pay child support.

Devall is represented by John Lee Hoffoss.

"This case involves the life of one innocent child. Soon, 12 men and women will see all of the evidence and make a decision based upon the true facts of the case," Hoffoss said in a statement issued to ABCNews.com.

"It is not fair to the family, nor the justice system to try this case in the media. The truth will come out at trial and will be reflected in the jury's verdict. We ask that you report the facts based on the evidence and allow our system to work as intended," Hoffoss said.

The case will likely be tried in a Houston court in April. That is where the sperm bank contract was initially signed.

[Elraine Figarette]

"It is not fair to the family, nor the justice system to try this case in the media. The truth will come out at trial and will be reflected in the jury's verdict. We ask that you report the facts based on the evidence and allow our system to work as intended."

Sorry, what? You mean facts like your client stole from an ex and is now trying to steal even more from him?

[David2074]

I don't feel the man should be burdened with child support and no custody rights any more than if the sperm donor was anonymous and she just used some random sperm to help her get pregnant.
However in the limited facts stated it doesn't sound like she committed a crime. It doesn't say she lied about her identity (or was even asked her identity) or that she in any way misrepresented herself. If it turns out she did then that is fraud and she should be punished accordingly. If she didn't then what she did was shitty but was probably not illegal. Possible exception to that is if they can show she was knowingly taking his property. They probably could which could certainly be considered theft.

It also sounds like in either case the sperm clinic screwed up for not following the written agreement. It seems appropriate for him to sue the clinic for any child support he may be required to pay.

Points deducted from author's score for overuse of the 'brown paper sack' description like somehow that makes the situation more seedy. She was walking next door to the fertility clinic. The sperm was still in the vials and a paper bag is both nondescript and keeps your fingers from freezing to the vials. In other words, it might be what they would use even if she had been legitimate in her claim to the sperm. It's not like she needed some special organ transportation device to walk a couple of ice cubes next door.

[Eveille]

I really don't think he should have to pay child support, unless he shows an interest in the kid, and even then he should only pay on a voluntary basis, like taking him out or buying him a lunch...etc.

Crazy b***h should have to get as many jobs as needed to fund that child's life and ******** her. What she did is just nuts, she is a walking talking OAG meme (overly attached girlfriend).

In fact I would honestly prefer the child to have been taken away so she's not poisoning his mind with snide remarks about men, his father or relationships in general as he grows up.

[xdivision_whitey]

Why do I get this feeling the man will be forced to pay for the woman's kid? I pray he get a sensable judge and jury as well a a very good lawyer.

[Old Blue Collar Joe]

David2074

I don't feel the man should be burdened with child support and no custody rights any more than if the sperm donor was anonymous and she just used some random sperm to help her get pregnant.
However in the limited facts stated it doesn't sound like she committed a crime. It doesn't say she lied about her identity (or was even asked her identity) or that she in any way misrepresented herself. If it turns out she did then that is fraud and she should be punished accordingly. If she didn't then what she did was shitty but was probably not illegal. Possible exception to that is if they can show she was knowingly taking his property. They probably could which could certainly be considered theft.

It also sounds like in either case the sperm clinic screwed up for not following the written agreement. It seems appropriate for him to sue the clinic for any child support he may be required to pay.

Points deducted from author's score for overuse of the 'brown paper sack' description like somehow that makes the situation more seedy. She was walking next door to the fertility clinic. The sperm was still in the vials and a paper bag is both nondescript and keeps your fingers from freezing to the vials. In other words, it might be what they would use even if she had been legitimate in her claim to the sperm. It's not like she needed some special organ transportation device to walk a couple of ice cubes next door.

She knowingly stole his property. Yes, the clinic screwed up royally, but by the same token, she is guilty of taking what isn't hers.

[Ask Jappleack]

Eveille

I really don't think he should have to pay child support, unless he shows an interest in the kid, and even then he should only pay on a voluntary basis, like taking him out or buying him a lunch...etc.

Crazy b***h should have to get as many jobs as needed to fund that child's life and ******** her. What she did is just nuts, she is a walking talking OAG meme (overly attached girlfriend).

In fact I would honestly prefer the child to have been taken away so she's not poisoning his mind with snide remarks about men, his father or relationships in general as he grows up.

Reminds me just a little of my mom lol.

[Ratttking]

Well, I certainly misread that title - thought it said "stealing his Spam." This was not the story I was expecting. cat_lol

[David2074]

Old Blue Collar Joe

David2074

I don't feel the man should be burdened with child support and no custody rights any more than if the sperm donor was anonymous and she just used some random sperm to help her get pregnant.
However in the limited facts stated it doesn't sound like she committed a crime. It doesn't say she lied about her identity (or was even asked her identity) or that she in any way misrepresented herself. If it turns out she did then that is fraud and she should be punished accordingly. If she didn't then what she did was shitty but was probably not illegal. Possible exception to that is if they can show she was knowingly taking his property. They probably could which could certainly be considered theft.

It also sounds like in either case the sperm clinic screwed up for not following the written agreement. It seems appropriate for him to sue the clinic for any child support he may be required to pay.

Points deducted from author's score for overuse of the 'brown paper sack' description like somehow that makes the situation more seedy. She was walking next door to the fertility clinic. The sperm was still in the vials and a paper bag is both nondescript and keeps your fingers from freezing to the vials. In other words, it might be what they would use even if she had been legitimate in her claim to the sperm. It's not like she needed some special organ transportation device to walk a couple of ice cubes next door.

She knowingly stole his property. Yes, the clinic screwed up royally, but by the same token, she is guilty of taking what isn't hers.

Agreed. Which I acknowledged later in what I said. At first I was thinking from the fraud angle like if she was pretending to be the first GF but then I realized that either way she took what was not hers. However she might get off on a technicality if she did not lie or threaten to get it and just asked nicely. What she did was definitely wrong. I'm just not sure how it sits from a legal standpoint. I don't think there are too many cases where you pay company 'X' to safeguard something for you and then some stranger (as far as they know) comes in and asks for your stuff and the employee says, "Sure! Here you go!".

My brain was originally thinking about the fraud angle because that would probably have a bearing on the child support obligations but not sure. The whole case is weird. If it happened to me on the one hand I'd want to know my son and on the other I got a vasectomy years ago because I don't want anymore kids. And I don't get why you would steal the sperm of someone you broke up with. If getting pregnant by someone who was not committed to her was her goal most women could find some guy willing to stick his p***s in her. If she loved him she shouldn't have played him and if she didn't love him she shouldn't obsess over his sperm. I never had any interest in freezing my sperm so not an issue for me.

[Honey of the South]

Ratttking

Well, I certainly misread that title - thought it said "stealing his Spam." This was not the story I was expecting. cat_lol

Same here, except I didn't misread the title.

[zombieNAMI]

He should pay nothing. What should happen is the girl needs to own up and pay for her child.
He needs a good lawyer and a good jury/judge. I hope he doesn't have to be forced to pay.

[Neko_Bast]

He definitely should not have to pay. The sperm was only supposed to be used by him or one other person, and she was not that other person. She should get no Child Support and the clinic should be sued.

[Sailor Tin Nyanko]

*reads some comments but... stops... because... time*


It will be interesting if his vesactomy came undone and this junk is made up.


Or if he or his wife was physically with this woman during clinic stuff (real lfie distracting) and they really are saying " Well, she needed permission from BOTH the Husband and Wife."



No, a Brown Bag is not a standard form of transportation for seman/sperm. Even if it's your own seman/sperm, you can't just request you be allowed to carry it in a brown paper bag to the next stage while it is frozen. Have to go... RL.

[Bienaimee R]

I'm very sorry for the sperm donor, but the child deserves to have his father's support. The sperm bank should be obliged to reimburse Dad for the support expenses.