Jennifer Cramblett and Amanda ZinkonAfter receiving the wrong sperm, this couple sued the sperm bank.

Three years ago, American couple Jennifer Cramblett and Amanda Zinkon, decided to add one more to their family.

Using sperm from the Midwest Sperm Bank of Downers Grove in Illinois, Cramblett became pregnant with their now three year old daughter, Payton.

In hopes of Payton one day having a sibling by Zinkon, the couple tried to request that the sperm bank reserve more of the same donor’s sperm. However, the couple soon learned that there had been a clerical error and they were not given the sperm from the Caucasian man they picked. Instead, they had received a sample from an African-American donor.

After Payton’s birth, Cramblett filed a “wrongful birth” lawsuit and a “breech of warranty” against the sperm bank.

This week, the judge in the case ruled that there was “no cause for the wrongful birth lawsuit” because Payton was born healthy. The judge pointed out that “wrongful birth” suits address cases with negligence in medical testing that failed to show risks of health or hereditary disorders.

Cramblett claims the sperm bank needs to be held accountable because she has “limited cultural competency” in regards to African-American culture.

The sperm bank provided a full refund for the mix up in sperm and issued an apology to Cramblett and Zinkon.