Suing Over the Sex of Your Baby
About a month ago, during a routine obstetrical visit with one of my patients, she surprised me by telling me she found out she was having a baby boy. At first, I thought she meant that during an ultrasound, the technician had told her the sex of the child. But she said “No,” that a girlfriend of hers had recommended a new kit she could buy on the Internet — which allegedly is 99.9 percent accurate in determining the sex of the baby, and that for $275, she could test herself at home, and send it off to the company for the results.
At first, I was taken aback because I hadn’t heard of any such kit. But more importantly, I was upset that she did not share this information with me prior to doing the test so that I could advise her on whether or not taking this test was a good idea.
I always have a problem with people worrying too much about the sex of their unborn child. I guess I can understand it to some extent for families who want to plan ahead, who want to know whether or not to paint the room pink or blue, or to think about things like circumcision. But with all the potential problems and challenges women face in creating and carrying a child to term, it’s unfortunate that sometimes people get side-tracked with insignificant details — and it strikes a nerve with me, because it brings up the topic of sex selection.
Today I read a story about six mothers in New York City who are suing Acu-Gen Biolab Inc., makers of the Baby Gender Mentor test, because their test results proved wrong at the birth of their children! I guess they felt the company had committed fraud. I tried to reach the company today to ask them some questions, but no one wanted to speak with me.
Looking at their Web site, I couldn’t gather a lot of information, but I began to understand what the “science” is behind their test kit.
For years, in the medical community, we have known that fetal cells circulate freely in the maternal bloodstream. Many geneticists have looked at the possibility of studying these fetal cells in the maternal circulation for the purpose of testing for genetic disorders like Down syndrome. But none of the data has proven it to be a good alternative for genetic testing. Yet this company has been promoting this technology to patients directly as a “safe, quick and easy way to determine the sex of your baby.”
I don’t know what federal regulation this business has been operating under. It would be nice to see what kind of guidelines they’re using, because the last time I checked, medical laboratories need to be licensed and laboratory tests must be ordered by physicians.
Finally, what are the ethics behind such a business? Are women going to use this alleged test to decide that they might want to terminate a pregnancy because now they know the baby is not the sex they wanted? It sounds like a stretch — but you’d be surprised…
Are mothers who get faulty test results going to think that their babies were switched at birth in the hospital? And what about these women that are suing?
This case is a perfect example of wasted dollars, a perfect example of unsubstantiated medical testing, and a perfect example of the types of businesses that need to be scrutinized in this country if we’re going to see any effective health care reform.
Tags: accuracy, Acu-Gen Biolab Inc., baby, Baby Gender Mentor test, bloodstream, boy, doctor, Dr. Manny Alvarez, faulty test results, federal regulation, fetal cells, fetus, fraud, genetic test, geneticist, girl, Internet, laboratory, lawsuit, mothers, New York City, obstetrician, science, sex selection, sex testing, test kit, Web site
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I would be curiuos to know exactly WHY the women are suing. What have they lost because of the wrong information? When they found out the “truth”, like I did later, then a small amount of dissapointment is understandable, but that evaporates quickly enough. Even faster once you’ve seen your baby.
I guess it cost them a certain amount of money buying the wrong clothes and mixing the wrong color of paint, but how much could that possibly be?
I’d hate to think that mommies would be so heartless and cold in our society that a test like this would increase abortions. But your right; you never know.
A little OT, but circumcision should never be something to think about. It should be ILLEGAL!
When I was pregnant oh so many years ago, that was the one thing we didn’t worry about. We were just thrilled that we were having a child and as long as he or she was healthy, we didn’t care. Since we’ve only had the one child and she has given us great joy and we are so proud of her, no one could possibly believe that a boy child would have pleased us any more than she has.
When we had our first in 1986, it was such a textbook perfect pregnancy that I never even had a sonogram. We found out we had a daughter after she was born. The second time around, in 1996, I was 40 so we had the amniocentesis. Gender did not matter; just the increased risk of genetic abnormalities. It had taken us 10 years to have another child. When people asked I told them we were having a “genetically healthy” baby girl. My mother-in-law asked if we were going to try again for a boy but the answer was “No.” Our beautiful family was complete.
My girlfriend is pregnant, and she recently took a test that we bought at Walgreens for $35 that can supposedly tell if your baby is a boy or a girl at 10 weeks (6-8 weeks before it’s clear in an ultrasound), and is supposedly 90% effective in lab environments, and 82% effective in real world data gathering.
Anyways, we took it just as something fun to do. It said that the baby is a girl. We are not putting anything behind these findings though. We’re not stupid, and both if us know better than to believe this is actual science.
We have two boys, and this will be our third child. We would like to have a girl, but of course if it’s a boy, it will be just as thrilling. In no way do we expect this thing to be 100% effective, let alone get all legal about the results. Idiots.
What lawyer would pick up this case in the first place? Is he trying to lose cases? If you are able to sue for this, I guess that would clear the way to sue condom companies if they’re products “don’t work” as well? Gimme a break. It won’t last 5 minutes in court. Because the company never said it was 100% effective, it’ll be thrown out immediately. What basis are they suing on? Even if the test is a scam, that 99.9% effective rating they are selling people will get the company off the hook every time. These mothers will just end up looking more like morons than they already are. If they somehow happen to win… like OJ style, I’m in the wrong career and becoming a lawyer.
I concur Doctor, this is fraud and should it lead to sex-selection abortions, a travesty!
??? I don’t understand your comment in relation to the topic. ???
I think the women are suing because of simpler reasoning. They paid for a product that didn’t deliver what it promised. It’s false advertisement. I’m assuming the company is riding a wave and rolling the dice considering it’s a 50/50 chance whether it’s a boy or girl. I doubt they have any real medical theology involved especially after reading the article above. Alot of people who purchased this test were probably pleased with their results (via 50/50 chance the company got it right) and may have even recommended the product to others. I happen to have seen an ad for this product that was in a well-known national pregnancy magazine. I kinda snickered to myself in the waiting room in was in when I read that the product is available at Walgreens, Rite-Aid, and Wal-mart. Wow. I’d like to know how they managed to pimp this ridiculous product onto major retailers shelves! After that being said…. I think the women just want their money back and like any other person in world who’s been ripped off or deceived, they want everyone else to know about it!
These women suing need to get a life. First of all, why didn’t they get an ultrasound just to know for sure, if they were that interested in knowing the sex? If it was that important to me that I was gonna spend hundreds of dollars on a test kit, I’d probably make sure during the ultrasound that the test was accurate. And seriously, how many people don’t have ultrasounds?
Second, the test says it’s only 99.9% accurate, so it’s .1% wrong. Somebody has to be in percentage that it doesn’t work for. If 1 million people are tested, 1000 will have the wrong results (if the box is correct), so that gives them the right to sue? Just consider it a lesson learned and move on.
I could almost be tempted to buy the test and test myself and see what they say. It would be interesting to find out one if I was pregnant and two that I would be the fist middle aged man to get pregnant without having any sex. But at $35, that is just too much trouble for me.
I just read this article and had to comment. I was one of hundreds of women who took the Acu-gen gender test when it was first marketed on The Today Show four years ago. It gave women a 99.9% guarrantee that the results were accurate and a 200% money back guarrantee (no longer offered). I did it just for fun and figured that I would get 200% of my money back if it was incorrect so I had nothing to lose. I was one of hundreds of women given an incorrect result.
The women involved in the original class action lawsuit against the comany know that they will not see anything come of it. They joined in order to get this company off the market or somehow regulated. The 99.9% accuracy rate was/is false advertising on the companies part. The science has not been comletetly proven and the errors are occuring. When the product was first marketed the owner of the company was doing other DNA testing on the samples coming in and use any abnormal results to explain his inaccurate tests. He was telling women that their babies were ill. This is the basis for the original lawsuit. I have no idea who the 6 women in NY are and why they are suing the company.
There are many variables on why a blood test wouldn’t be accurate. Did they read ALL the paperwork that came with the test? The paperwork does say that if a woman has a condition called PCOS, her body incorrectly makes too much androgen and testosterone, which would give a false positive of a boy. I have PCOS so I had to be patient and wait for the ultrasound..although it would have been correct saying boy. 6-8 weeks to wait to know for sure isn’t really that long in the scope of things…even as early as 10 weeks you still have to wait at least 30 more until the baby is born….it just seems so ridiculous to me that people are so I HAVE TO KNOW RIGHT NOW…doesn’t make the “date” get here any faster!
Really now that we’re having a baby…I have better things to spend my money on then to spend $275 for a test that in a couple more months I will know the results anyway..
I can not image the lives these women will give their children. They obviously feel that their children are somehow flawed by not being the “correct” sex. We have two beautiful daughters that ultrasounds showed to be sons. It was a surprise, and ultrasound has come a long way in 24 years, but each of the girls is exactly what they should be. Our son was also a boy by ultrasound but we were also intelligent enough to know it did not really matter. And even though with him it was VERY obvious he was a boy we were still prepared with a few neutral and girl clothes, just in case. It would appear to me that these women would have chosen to kill their babies rather than have the unwanted sex or they would not be suing the company. Or they could just be money grubbers who want something for nothing. Too bad these children are going to be raised by families that do not want them. Maybe the parents will be kind to the children and give them up for adoption.
More people trying to get money for nothing. Did you think taking the test was going to guarentee the sex of you baby? The sex of the child was determined in the first 10 minutes. Get A LIFE. Also disbar the lawyer who filed the case.
To Courtney:
I doubt that these people are suing to “Get the cost of what they spent back”. They are suing to get MORE money….everyone has to “have a case these days”. They dont want to take responsibility for making a stupid decision….they always WANT TO BLAME SOMEONE ELSE !!!!
During my last pregnancy I was given several sonograms, at least one 20 week sonogram is standard for most ob patients. This leaves me wondering why didn’t these woman have the results of this test confiermed by a sonogram? These days the tecnology has increased so much, the pictures are so clear, its hard to miss the gender of your baby when you are seeing it in 3D !
Seems to me these women must truly believe in Santa Claus, the Easter Bunny and the Tooth Fairy. They believe everything they read. Angry enough to sue because they didn’t get the result they thought they did?? Anyone ever had to go back for more Mammography films, X-rays, MRI’s, CT Scans or bloodwork??? All MEDICAL tests (and expensive ones at that!!) that can be misinterpreted, false positive or inconclusive. Ever had a spot STAY on your clothes even after ‘pretreating’ and soaking in cleaning products that state they are the “best”? Or how about the ever famous MONEY BACK GUARANTEE? Trusting anything “over the counter” for something as important to them as learning the sex of their unborn child(ren). Shame on you ALL. And we wonder why our Courts are so backlogged. Get a major grip ladies. The outcome wouldn’t have been any different for you. It just caused an inconvenience in your orderly world. Caveat Emptor (let the buyer beware). Put it down as a life lesson learned.
I used Gender Mentor in 2005 because we had an 8 month old baby boy and wanted to know early so that if it was a girl we could plan accordingly in the event we had to buy alot of new baby stuff. To my husband and I it was a good investment. Anyway, the product, when I used it, had a 200% money back guarantee. As I recall you provide your reference number from testing and your childs birth certificate and you get your money back.
Dawn,
There are many “mommies” who kill their born children or the children of others. Look at the recent case where the woman kidnapped a female child and raped/tortured her before killing her. Sad.
And suing over the wrong sex is pathetic.
First, let me say that I am not surprised by this patient or by the current law suit. The thinking of Americans has been headed this way for quite some time now. I remember the sister of a friend considering abortion when an amniocentesis showed a sex child she and her husband felt ‘wouldn’t be the best for them’…This was 21 years ago…
Second, Americans, as a whole, have forgotten the entire purpose for having children. Our culture now looks at them as little charms to add to their family bracelet so that they can add the ‘parent thing’ to their resume. As many other things, having a child in America has become a decision of if it is best for the parents and what they want – not what is best for society and generations to come.
Thirdly, lets fast-forward here…The current administration has made it no secret that they are in favor of abortions for any reason, at any time. Is there REALLY anyone out there who didn’t think some enterprising (albeit possibly unethical) company would develop a test to give selfish parens a ‘reason’ for these abortions? Get your heads out of the sand…This will increase…The population of America will look very similar to that of China in no time at all unless we all stand up against this trend.
I guess it just makes me wonder why, if you wanted to know the sex of your baby, you wouldn’t just wait for an ultrasound that insurance typically covers and have the tech tell you right there. You don’t have to spend any additional money, you get your result that day and it is pretty accurate. Typically you have an ultrasound at 20 weeks and can find out the sex of the baby. Is the remaining 20 weeks not enough time to paint a bedroom pink or blue?
These people who bought the tests have more money than sense.
Abortion for the purposes of sex selection happens around the world. The United Nations acknowledges this, but is conflicted about the topic. UN trots out the same old line about “reproductive health” as a euphemism for abortion, and has also acknolwedged that sex-specific abortion leads to the “missing women:” “Discrimination against girls may begin in the womb.”
http://www.unfpa.org/swp/2005/english/ch7/#box29
http://www.unfpa.org/gender/case_studies.htm
http://www.unfpa.org/gender/practices.htm
Oh, well – that is on the other side of the globe, not here in the United States.
Until now: researchers in 2008 published United States census results indicating that some people, mainly from these male-favoring cultural backgrounds, are discovering whether the fetus is male or female, and aborting it if it is female. You can call that progress if you want. You can call it feminism if you want.
Son-biased sex ratios in the 2000 United States Census.
Almond D, Edlund L.
Proceedings of the National Academy of Sciences of the U S A. 2008 Apr 15;105(15):5681-2.
We document male-biased sex ratios among U.S.-born children of Chinese, Korean,
and Asian Indian parents in the 2000 U.S. Census. This male bias is particularly
evident for third children: If there was no previous son, sons outnumbered
daughters by 50%. By contrast, the sex ratios of eldest and younger children with
an older brother were both within the range of the biologically normal, as were
White offspring sex rati..