In court papers, Layne Hardin, 44, said Obstetrical and Gynecological Associates in Houston had inadequate procedures for ensuring sperm would go only to the intended recipient, KHOU-TV reported. Hardin said he made a sperm donation at the bank for another woman, the mother of his 12-year-old child, but Tobie Devall, his former girlfriend, was able to walk out with it and take it to a doctor's office in the same building.
The lawsuit targets both the sperm bank and Devall.
"At the end of the day, there are more precautions taken giving an 18-year-old a pack of cigarettes and checking their ID than there was for this sperm bank checking the credentials of this lady," Hardin's lawyer, Cade Bernsen, said.
Devall has sued Hardin, saying he told her the sperm was for her and that he was aware of her plans. Her lawyer, Lee Hofoss, called Hardin a "money grubber."
Hardin said Devall has not allowed him to see his son. He said the circumstances of the boy's conception will have long-lasting effects.
"This is forever. This ripple effect affected me and my family," Hardin said. "When he gets old enough and realizes how he was brought into this world, then his ripple effect starts."