Man Sues After Ex Uses His Sperm to Get Pregnant

Layne Hardin says contract stated his sperm would go to another
By Arden Dier,  Newser Staff
Posted Aug 13, 2015 8:05 AM CDT
Man Suing After Ex Uses His Sperm to Get Pregnant
An embryologist displays frozen sperm stored at a clinic in New York on Oct. 3, 2013.   (AP Photo/Richard Drew)

Layne Hardin says his frozen sperm was always to go to Kathy LeBlanc. The pair had one child together, and in case they wanted a second, Hardin stored his sperm at a Houston fertility clinic in 2002, when the couple were domestic partners, before getting a vasectomy, reports ABC News. He also signed a contract explaining LeBlanc would decide what would happen to the sperm even if the pair broke up, which they eventually did, per KTRK. Hardin later began dating Tobie Devall, and the couple visited the clinic, Texas Andrology Services, in 2008, before breaking up a year later. But by 2010, Devall had become pregnant with Hardin's sperm—something that shouldn't have happened without LeBlanc's consent, Hardin and LeBlanc allege in a lawsuit against Devall, her doctor, and the clinic, reports KPRC. "I don't think you can do anything worse in society today," says Hardin, who has never met his second son, now 5.

Attorneys for Devall and the clinic say Hardin told workers he wanted to use his sperm to have a baby with Devall during their clinic visit in 2008 and never mentioned he didn't have control over his sperm. Devall's attorney says she was inseminated in 2009, when the couple were still dating, and Hardin was excited to have another child. "Mr. Hardin has got some obligation to let people know he's changed his mind," the clinic's lawyer adds. Regardless of Hardin's intentions, the purpose of preserving the sperm "was for me to have a biological sibling for my son," LeBlanc says. "That was for me to decide how to use." Her lawyer adds, "There are more security checks in place for me going and buying alcohol at a gas station than there were for (Devall) to receive a man's DNA and the building blocks of life." The trial started Tuesday and is expected to last two weeks. (A fertility worker reportedly swapped patients' sperm with his own.)

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