Man claims woman had child with his sperm without permission - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Man claims woman had child with his sperm without permission

SULPHUR, LA (KPLC) -

Sulphur's Layne Hardin is suing his ex-girlfriend Tobie Devall in a Texas court alleging she inseminated herself with his sperm from a Houston area sperm bank without his permission.

Hardin's attorney, Cade Bernsen, says his client was made aware of the situation when he received a call from Devall a few years ago telling him she was pregnant with his child. That child, a boy, is now 2-years-old.  

Bernsen says Hardin donated his sperm to the Fertility Specialists of Houston, also named in court documents as Obstetrical and Gynecological Associates, PLLC and Texas Andrology Services, LLC, over 10 years ago while dating Katherine LeBlanc, the mother of his now 12-year-old son. According to Bernsen, he donated the sperm in case she ever wanted to have another child. 

Hardin and LeBlanc split years later, after which he began dating Devall. 

Hardin claims he and Devall were not together and she did not have permission when she went to the sperm bank and asked to be inseminated using his sperm.

Bernsen said the case is ‘bizarre' and has the potential to create legislation in Texas that better protects sperm donation. They are suing for emotional and punitive damages. 

According to court documents, Devall is countersuing claiming she and Hardin were together and planning to have a baby. She's being represented by Newman, Hoffoss and Devall, LLP in Lake Charles. They released this statement: 

"This case involves the life of one innocent child. Soon, 12 Men and women will see all of the evidence and make a decision based upon the true facts of the case. It is not fair to the family, nor the justice system, to try this case in the media. The truth will come out at trial and will be reflected in the Jury's verdict. We are looking forward to allowing our Jury system to work and hope you will be there when the jury verdict is read." 

The case is set to begin trial on April 22 in a Harris County court. 

Copyright 2013 KPLC. All rights reserved.

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