I asked a law school friend a similar question recently. The first order of business would be to rule out a violation of contract. If the sperm bank said the sp

I asked a law school friend a similar question recently. The first order of business would be to rule out a violation of contract. If the sperm bank said the sperm was fit in all respects, or something like that, there might room for a battleground there. There may or may not be a medical malpractice issue, which exists independent of the contract. Malpractice issues are generally an issue of 1) did the physician have an obligation to provide care? 2) was harm caused. Those are the two criteria. It is not necessary to show that the physician caused the harm. (kind of scary for docs, when you think about it).