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U.S. judge throws out Canadian couple's lawsuit against sperm bank

ATLANTA — A judge in Atlanta has tossed out a lawsuit from a Canadian couple that accuses a sperm bank and sperm donor of misrepresenting the medical and social history of the donor.

Angela Collins and Margaret Elizabeth Hanson of Port Hope, Ont., filed the lawsuit in March against Xytex Corp., its parent company, the sperm bank employees, and the donor.

Collins and Hanson alleged that sperm bank employees talked up the donor, saying he was smart, healthy and mature. They say in the lawsuit they later found out the donor is schizophrenic, dropped out of college and had been arrested for burglary.

Judge Robert McBurney said in an order filed Tuesday that while the lawsuit claims fraud, negligence and product liability, it is "rooted in the concept of wrongful birth," which isn't recognized under Georgia law.

Xytex had claimed in its statement of defence that the lawsuit was without merit and should be dismissed.

Xytex also noted that the couple's lawyer had said in media interviews that their child is "completely healthy.''

--With files from The Canadian Press

Kate Brumback, The Associated Press

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