RIGHT NOW POLICE ARE CALLING THIS TRAGIC ACCIDENT. NEW AT 6:00 O'CLOCK, TWO RELATIONSHIPS, ACCUSATIONS OF STOLEN SPERM AND A LEGAL DAYS HAS GONE TO TRIAL. ALL OF THIS UNFOLDING IN A DOWNTOWN COURTROOM TONIGHT. ONE MAN AND A WOMAN WITH WHOM HE WAS PREVIOUSLY INVOLVED ARE SUING ANOTHER WOMAN HE HAD A RELATIONSHIP WITH TOGETHER WITH A HOUSTON SPERM BANK. SYAN RHODES LIVE DO YOU NOT WHERE THE TRIAL GOT UNDERWAY. QUITE AN INTERESTING CASE HERE. Reporter: YEAH. A LOT OF TWISTS AND TURNS WITH THIS ONE. ONE MAN, TWO WOMEN AND A BABY CONCEIVED WITH FROZEN SPERM THAT SOME SAY HIS MOTHER DID NOT HAVE PERMISSION TO USE. IN 2002, LANE HARDEN AND KATHERINE WERE A COUPLE WHO ALREADY HAD ONE CHILD TOGETHER WHEN THEY DECIDED TO FREEZE HARDEN'S SPERM BEFORE HE HAD A HAVE A SECOND MOW. THEY VISITED A HOUSTON FERTILITY CLINIC AND STORED EIGHT VIALS OF SPERM. ACCORDING TO THE LAWSUIT, THE COUPLE HAD AN AGREEMENT THAT IF HARDEN DIED OR THEY BROKE UP, SHE COULD DO WHAT SHE WANTED WITH THE SPERM. THE COUPLE DID SPLIT AND HARDEN AND HIS NEW GIRLFRIEND VISITED THE SAME CLINIC IN 2008. THE LAWSUIT CLAIMS SHORTLY AFTER THEY SPLIT IN 2009, DUVAL WENT BACK TO THE CLINIC AND GOT VIALS OF HIS SPERM AND BECAME PREGNANT AND GAVE BIRTH TO A BOY IN 2010. IT'S GOING TO BE A SPIRITED TRIAL, HEATED TRIAL, AND WE BELIEVE THAT THE ULTIMATELY THE JUSTICE SYSTEM WILL TAKE CARE OF ITSELF. Reporter: LEBLANC AND HARDEN ARE SUING DUVAL, HER DOCTOR AND THE CLINIC THAT STORED THE SPERM. THEY'VE BEEN WAITING PATIENTLY. I THINK ALL SIDES WOULD AGREE THERE THING HAS GONE ON FOR A LONG TIME AND ALL SIDES WOULD PROBABLY AGREE THAT IT NEEDS TO COME TO RESOLUTION ONE WAY OR THE OTHER. Reporter: IN HIS OPENING STATEMENTS, TOBY DUVAL'S ATTORNEY SAID HIS CLIENT SOMEBODY DISMISSED SAYING IT'S ABOUT JEALOUSY. THE SPERM BANK SAID HIS CLIENT DID NOTHING WRONG. REPORT AUGUST LIVE FROM THE CIVIL COURTHOUSE IN DOWNTOWN 
 
 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. 
 
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 "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. 

 A trial began in Texas Tuesday in which a former couple alleged that a sperm bank illegally gave the man’s sperm to another woman who then had a baby with the sperm. 
 
 Louisiana residents Layne Hardin and Katherine LeBlanc, then domestic partners, decided to store Hardin’s sperm in 2002 before he had a vasectomy. The couple visited a fertility center and had eight vials of sperm stored, according to their lawsuit, which was filed in Harris County District Court in Texas, where the facility is located. 
 
 In the event that the couple separated, LeBlanc was to decide what to do with the samples, according to the lawsuit, originally filed in 2013. 
 
 The couple did separate, and Hardin began dating another woman, Tobie Devall. 
 
 Hardin and Devall visited the clinic in 2008 before breaking up in 2009, according to Devall's March 2013 counterclaim. 
 
 According to the couple's lawsuit, Devall was given two samples of Hardin’s sperm – without LeBlanc’s consent, despite the agreement – and became pregnant, having a son in 2010. 
 
 LeBlanc said she was devastated that the samples were used without her consent. 
 
 “There was a reason for having his sperm preserved, and it was for me to have a biological sibling for my son,” LeBlanc, who already had a child with Hardin, said. “That was for me to decide how to use.” 
 
 In opening statements in court Tuesday, Lee Hoffoss, Devall’s attorney, told jurors that his client and Hardin went to visit a fertility doctor in Houston and told the doctor he had eight vials of sperm which he wanted to be used to inseminate Devall. 
 
 Devall and Layne were in a relationship on Oct. 26, 2009, the day Devall was inseminated. On that day, there were 77 text messages between the two, before and after the procedure, Hoffoss said. 
 
 Hoffoss added that Layne told friends he was “going to be a daddy and he was happy about it. He bragged to others for weeks after." 
 
 Hoffoss called the lawsuit frivolous, saying when LeBlanc visited a fertility doctor shortly after filing this suit, she was told she was infertile and there was only a five percent chance of her getting pregnant. 
 
 He told the jury to ask themselves: "Is this case about Kathy being angry because Layne left her for a much younger woman? You must question if this case is about the plaintiffs wanting to profit from the birth of a child." 
 
 In their lawsuit, Hardin and LeBlanc are seeking judgment against Devall, as well as the clinic where the sperm was stored, now known as Texas Andrology Services. 
 
 Devall’s attorney did not respond to ABC News’ request for comment. In her 2013 countersuit, Devall alleged that Hardin gave his permission for her to use the sample and that he attended a March 2008 doctor’s appointment with her during which he told the doctor, Leah Schenk, that he wanted Devall inseminated with his sperm. The document said that Hardin did not reveal at any time that he didn’t have decisional authority over the sperm. 
 
 Duvall asked for a trial by jury to recover unspecified costs and “other further relief to which she may show herself justly entitled." 
 
 Jim Edwards, an attorney for Texas Andrology Services, says Hardin never notified the clinic that he didn't want Devall to have his sperm. He said he only knew of Devall and Hardin coming into the clinic when they were in a relationship because they wanted to have a baby. 
 
 "Mr. Hardin has got some obligation to let people know he's changed his mind," Edwards said. 
 
 Cade Bernsen, an attorney for the plaintiffs, said the case reflects the need for better checks and balances at sperm banks. 
 
 “There are more security checks in place for me going and buying alcohol at a gas station than there were for her to receive a man's DNA and the building blocks of life,” Bernsen said. 
 
 Hardin and Devall’s son is now 5 years old. Hardin says he has never met the boy, and says he has spent more than $50,000 in court and attorney fees fighting the termination of his parental rights. 
 
 “One day we are going to run into each other, and what do we say?” Hardin said. “Do I recognize him? Will he recognize me?” 

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 A man is suing his ex-girlfriend in a Harris County civil courtroom, saying she illegally stole his sperm and had a baby with it."Salt just continues to go into the open wound just every day. It's the ultimate. I don't think you can do anything worse in society today," said Layne Hardin.Hardin had vasectomy years ago, but decided he and Kathy LeBlanc, who is the mother of his first son, might want to have more kids later. So, he froze several vials of his sperm and says he wrote up a contract saying, no matter what happened, the sperm would go to LeBlanc.Then, Hardin and LeBlanc broke up.Hardin started dating another woman, named Tobie Devall. The two of them went to the sperm bank at least once together. Then, she went by herself, picked up the sperm, and got pregnant with it.Devall says she had Hardin's permission to do so, but Hardin says she didn't.Now, Hardin and LeBlanc are suing both Devall and the sperm bank."They properly prepare the sperm and give it to the patient as normally done when women want to get pregnant," said James Edwards, who represents Texas Andrology Services. "You don't go back over and over again and say, 'Hey, did you change your mind?'"Hardin and Devall's son is now five years old. Hardin has never seen him.The trial begins Tuesday and is expected to last two weeks.Devall's attorney declined to speak to Eyewitness News about this case.
– Layne Hardin says his frozen sperm was always to go to Kathy LeBlanc. The pair had one child together, and in case they wanted a second, Hardin stored his sperm at a Houston fertility clinic in 2002, when the couple were domestic partners, before getting a vasectomy, reports ABC News. He also signed a contract explaining LeBlanc would decide what would happen to the sperm even if the pair broke up, which they eventually did, per KTRK. Hardin later began dating Tobie Devall, and the couple visited the clinic, Texas Andrology Services, in 2008, before breaking up a year later. But by 2010, Devall had become pregnant with Hardin's sperm—something that shouldn't have happened without LeBlanc's consent, Hardin and LeBlanc allege in a lawsuit against Devall, her doctor, and the clinic, reports KPRC. "I don't think you can do anything worse in society today," says Hardin, who has never met his second son, now 5. Attorneys for Devall and the clinic say Hardin told workers he wanted to use his sperm to have a baby with Devall during their clinic visit in 2008 and never mentioned he didn't have control over his sperm. Devall's attorney says she was inseminated in 2009, when the couple were still dating, and Hardin was excited to have another child. "Mr. Hardin has got some obligation to let people know he's changed his mind," the clinic's lawyer adds. Regardless of Hardin's intentions, the purpose of preserving the sperm "was for me to have a biological sibling for my son," LeBlanc says. "That was for me to decide how to use." Her lawyer adds, "There are more security checks in place for me going and buying alcohol at a gas station than there were for (Devall) to receive a man's DNA and the building blocks of life." The trial started Tuesday and is expected to last two weeks. (A fertility worker reportedly swapped patients' sperm with his own.)