Last Modified: Wednesday, March 06, 2013 7:08 PM
By Natalie Stewart / American Press
A Sulphur man is suing a fertility clinic and an ex-girlfriend, claiming the sperm bank gave two vials of his sperm to the woman, who conceived a 2-year-old boy. But the woman is countersuing, claiming she had permission to be inseminated with the sperm.
According to court documents, in 2002 Layne Hardin and Katherine LeBlanc, his then girlfriend with whom he also has a child, went to Texas Andrology in Houston to store Hardin’s sperm before he had a vasectomy.
Cade Bernsen, Hardin’s attorney, said when the sperm was stored, Hardin and LeBlanc entered into a legal contract with the clinic with “binding directions.”
Bernsen said according to the contract, LeBlanc, who is also listed as a plaintiff, has ownership of the sperm in the event of Hardin’s death or if the couple separated, which they did in 2006.
Hardin’s attorney said in October 2009, Tobie Devall — a woman who had an “on-again, off-again” relationship with Hardin — went to the fertility clinic and “basically walked in and said, ‘Hey, give me some sperm from Mr. Hardin,’ and the sperm bank didn’t check the contract, didn’t check her ID, they didn’t do any kind of safety protocol.”
Bernsen said the clinic “handed Tobie Devall a brown paper bag with two vials of sperm. Then she walked out and went next door and got inseminated.”
“This has been a nightmare for him; a nightmare for his family, knowing there’s a boy out there,” Bernsen told the American Press. “(Devall) hasn’t allowed (Hardin) to see him.”
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