POSTED: Thursday, March 7, 2013 - 5:11pm
UPDATED: Thursday, March 7, 2013 - 7:51pm
SULPHUR, LA (NBC) — A man from Sulphur is suing his ex-girlfriend in Texas. The reason? He claims that she became pregnant after inseminating herself with his sperm that she allegedly took from a sperm bank without his consent.
Layne Hardin claims that ex-girlfriend Tobie Devall walked into a sperm donation clinic in Houston and coaxed her way into receiving two vials of his sperm in 2009.
Hardin contractually gave ownership of the sperm to an earlier ex-girlfriend, Katherine Leblanc, when he deposited it in early 2002.
Now, Devall has a two-year-old son after inseminating herself with Hardin's sperm.
Hardin’s attorney, Cade Bernsen, stated, "There's more precaution taken in selling cigarettes to a teenager than there was giving vials of sperm to a woman who just walked off the street."
Here's a timeline of the event in question:
In January 2002, Hardin and his then-girlfriend Katherine Leblanc made deposits at the clinic now known as Texas Andrology Services. They say a contract gave Leblanc ownership of the vials.
The lawsuit claims in 2009, Devall walked into the clinic, was able to obtain two vials in a brown paper bag, then went into a doctor's office in the same building to be inseminated, without the consent of either Hardin or Leblanc.
In 2010 she gave birth to a son, who is now two-years-old.
In a statement, Devall's attorney says, “Ms. Devall relied on everything Layne Hardin told her - that he was the owner of the sperm and never showed her any contracts. In fact, he told another doctor that he had 8 vials of sperm and that he intended for Ms. Devall to be inseminated with them to have a child.”
Despite the tawdry details, both sides acknowledge the seriousness of the case.
"We're not talking about merchandise. We're talking about sperm, and we're not talking about eggs, we're talking about the power to create life," stated Bernsen.
Attorneys say this is an emotional case that likely will not be settled out of court. The trial is scheduled to begin in Harris County in Texas on April 22nd.