OHIO lesbian mother Jennifer Cramblett has lost a court case against Midwest Sperm Bank who she sued for impregnating her with the sperm of a black man on the grounds that she is not culturally prepared to raise a mixed-race child.

Ms Cramblett said she chose a white donor with her partner but was impregnated by a black sperm donor through a fault of the sperm bank. Midwest Sperm has since found it made a clerical error and accepted liability, giving her a partial refund of the money she paid for its services. 

In October last year, Ms Cramblett and her lesbian partner stated that they love their two-year-old mixed race daughter Payton very much but that bringing her up in the conservative area of Uniontown, Ohio, an all-white neighbourhood, had been stressful. She added that her all white and unconsciously insensitive family, which has never fully embraced her homosexuality, could have a negative effect on Payton while she is growing up. 

However the court threw her case for wrongful birth out as DuPage County judge Ronald Sutter, agreed with the clinic's attorney that the charge only pertains for cases where medical negligence leads to the birth of an unhealthy child. According to Judge Sutter, Ms Cramblett has no case as her daughter was born healthy and well. 

Instead, the judge said Ms Cramblett could re-file her lawsuit against Midwest Sperm Bank under a negligence claim. Apparently, her therapist also advised that as Uniontown was too racially intolerant, she and her lesbian partner should consider moving to a more racially diverse area. 

Ms Cramblett and her partner were seeking $50,000 (£31,000) in damages and are expected back in court in December this year. This time around, she will be suing the sperm bank for negligence.