Man files suit against sperm bank and ex-girlfriend

By Syan Rhodes - Anchor/Reporter

HOUSTON - Trial began Tuesday in a civil lawsuit against a Houston fertility clinic and a woman accused of getting pregnant with her ex-boyfriend's sperm without his permission.

In 2002, Layne Hardin and Katherine LeBlanc of Louisiana, were a couple who already had one child together when they decided to freeze Hardin's sperm before he had a vasectomy.

They visited West Houston Fertility Center, now operating as Texas Andrology Services, and stored eight vials of Hardin's sperm.

According to the lawsuit, the couple had an agreement that if Hardin died or they broke up, LeBlanc could do what she wanted with the sperm.

LeBlanc and Hardin did split and in 2008, he visited the same clinic with his new girlfriend, Tobie Devall.

The lawsuit claims when Devall and Hardin split in 2009, Devall went back to clinic and used two vials of Hardin's sperm without his permission to get pregnant through artificial insemination. Devall gave birth to a boy in 2010.

LeBlanc and Hardin are now suing Devall, her doctor and the clinic that stored the sperm.
"They've been waiting patiently. It's gonna be a spirited trial, a heated trial and we believe ultimately the justice system will take care of itself," said Cade Bernsen, Hardin and LeBlanc's attorney.

Monday a jury of nine men and five women were selected to hear the case.

In opening statements, Duvall's attorney said his client should be dismissed from the lawsuit saying it was just about jealousy.

The lawyer for the sperm bank said his client did nothing wrong.

Testimony begins Wednesday morning at 9 a.m.

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