According to court filings, Donor #9623 is now the biological father of 36 children in the U.S., Canada and England.
In their lawsuit, the Normans said because Xytex misrepresented Donor #9623′s background, the sperm bank should be held liable under Georgia’s Fair Business Practice Act. That law protects the public from unfair or deceptive trade practices that can harm consumers.
In Monday’s decision, Justice Nels Peterson said this claim could go forward and may also entitle the Normans to seek punitive damages against Xytex if they prove one of its employees encouraged or aided Donor #9623 to falsify his background. In June 2019, the state Court of Appeals had dismissed this claim.
The Peachtree City couple also alleged a claim of “wrongful birth," saying if they had known Donor #9623′s true health, educational and criminal history, they would have never bought his sperm.
But Peterson said the state Supreme Court has repeatedly refused to allow civil damage awards in cases that "presume that life itself can ever be an injury.” For this reason, he said, the “wrongful birth” claims cannot go forward, including the Normans' costs of childbirth and what they spent raising their son.