A Long Island couple is suing a fertility clinic after their baby girl was born with a complexion that is much darker than either them.
The couple is claiming the eggs they were given were not their own.
They said the clinic mixed up the wife's eggs so they are accusing New York Medical Services for Reproductive Medicine of medical malpractice and other offenses.
They went to the clinic on the advice of their doctor to get in vitro fertilization.
They wanted child who was biologically their own and instead they were given the sperm of another man.
Jessica, the baby girl, was born Oct. 19, 2004.
After a lot of DNA testing and other tests, it proved that Thomas was not the biological father of the baby.
They are now complaining they have to raise a baby that is not even the same race, nationality or color as they are.
Thomas and Nancy Andrews said ``While we love Baby Jessica as our own, we are reminded of this terrible mistake each and every time we look at her; it is simply impossible to ignore,'' ``We are conscious of and distressed by this mistake each and every time we appear in public,
Nancy was born in the Dominican Republic and her features look like those born there and Thomas is Caucasian.
When she first questioned the child's complexion, she was told it was normal and the child's complexion would get lighter over time.
Their lawyer is Howard J. Stern and he did not return a phone call to comment.
The judge said they can sue Dr. Reginald Puckett as owner of the clinic. He has already been held liable for the mix up. The judge also said Carlo Acosta, the non-physician embryologist who processed the egg and sperm for creation of an embryo, is also liable for the alleged blunder. She said his response to the Andrew's' claims ``could not be weaker it is nonexistent.''
I can understand how they could be upset with wanting a biological child of their own but I also feel they should be grateful they have a child. I hope they do not treat her any differently and they bring her up with a lot of love.
But I do believe the clinic should be held liable in this.