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Court: Man Can Sue Over Surprise Pregnancy
CHICAGO - An appeals court said a man can press a claim for emotional distress after learning a former lover had used his sperm to have a baby. But he can't claim theft, the ruling said, because the sperm were hers to keep.
The ruling Wednesday by the Illinois Appellate Court sends Dr. Richard O. Phillips' distress case back to trial court.
Phillips accuses Dr. Sharon Irons of a "calculated, profound personal betrayal" after their affair six years ago, saying she secretly kept semen after they had oral sex, then used it to get pregnant.
He said he didn't find out about the child for nearly two years, when Irons filed a paternity lawsuit. DNA tests confirmed Phillips was the father, the court papers state.
Phillips was ordered to pay about $800 a month in child support, said Irons' attorney, Enrico Mirabelli.
Phillips sued Irons, claiming he has had trouble sleeping and eating and has been haunted by "feelings of being trapped in a nightmare," court papers state.
Irons responded that her alleged actions weren't "truly extreme and outrageous" and that Phillips' pain wasn't bad enough to merit a lawsuit. The circuit court agreed and dismissed Phillips' lawsuit in 2003.
But the higher court ruled that, if Phillips' story is true, Irons "deceitfully engaged in sexual acts, which no reasonable person would expect could result in pregnancy, to use plaintiff's sperm in an unorthodox, unanticipated manner yielding extreme consequences."
The judges backed the lower court decision to dismiss the fraud and theft claims, agreeing with Irons that she didn't steal the sperm.
"She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee," the decision said. "There was no agreement that the original deposit would be returned upon request."
Phillips is representing himself in the case. He could not be reached for comment Thursday.
"There's a 5-year-old child here," Mirabelli said. "Imagine how a child feels when your father says he feels emotionally damaged by your birth."
Originally Posted by Phobia:
This is for the people who can't read:
"She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee," the decision said. "There was no agreement that the original deposit would be returned upon request."
In other words, she's not contesting the way in which it happened.
That is one of the funniest friggin' things I have ever read!! Cripes!! How the hell did she pull that off (logistically speaking, I mean)?!? Maybe she just made a big production of going the bathroom to brush her teeth...
Wow.
How about that kid? This is going to require a totally different answer to, "Mommy, where did I come from?"
"Well, your father and I loved each other...very, mu...well, sort of...enough to engage in oral...uh,...hmmm. Let me tell you why Mom keeps that spit cup in the bathroom." [Reply]
someone find a link where it says if you hold sperm in you mouth you can rush to the Dr. and have it injected into the womb, freaking retarded. [Reply]
Originally Posted by badgirl:
Hes' suing to keep from paying child support,hes lying when he says it causing him all this anguish, he stupid.
Here, let me help you out.
The WOMAN sued the MAN in a paternity suit saying that she had secretly kept his sperm to impregnate herself. What the man is doing is a counter-suit.... suing her back after she filed the initial lawsuit. The WOMAN is the person who came forward with this story first. If this story is a hoax, the WOMAN is the one who made it up. [Reply]
Originally Posted by badgirl:
someone find a link where it says if you hold sperm in you mouth you can rush to the Dr. and have it injected into the womb, freaking retarded.
YOU CAN'T READ. Why in the hell would she need to "rush to the Dr." when she IS A DOCTOR. The lady isn't contesting the manner in which her child was conceived. [Reply]
Originally Posted by AirForceChief:
That is one of the funniest friggin' things I have ever read!! Cripes!! How the hell did she pull that off (logistically speaking, I mean)?!? Maybe she just made a big production of going the bathroom to brush her teeth...
Wow.
How about that kid? This is going to require a totally different answer to, "Mommy, where did I come from?"
"Well, your father and I loved each other...very, mu...well, sort of...enough to engage in oral...uh,...hmmm. Let me tell you why Mom keeps that spit cup in the bathroom."
Originally Posted by badgirl:
someone find a link where it says if you hold sperm in you mouth you can rush to the Dr. and have it injected into the womb, freaking retarded.
Originally Posted by badgirl:
Ok Ok I get it, she wants child support and he don't wanna pay it, whats new, no matter the story it most of the time ends the same
Originally Posted by badgirl:
Ok Ok I get it, she wants child support and he don't wanna pay it, whats new, no matter the story it most of the time ends the same
Damn girl, stumpy been doin' you in the ear, damaging your brain or what? :-)
The woman DECIEVED the guy, by NOT SWALLOWING his sperm, KEEPING it, and IMPREGNATING herself with it. And after the fact, after TWO YEARS decides she's not only a deceptive and lying and manipulative whore, but that she's also a GD gold-digger. :-)
What part of that don't you understand? :-) [Reply]
Originally Posted by Mr. Kotter:
Damn girl, stumpy been doin' you in the ear, damaging your brain or what? :-)
The woman DECIEVED the guy, by NOT SWALLOWING his sperm, KEEPING it, and IMPREGNATING herself with it. And after the fact, after TWO YEARS decides she's not only a deceptive and lying and manipulative whore, but that she's also a GD gold-digger. :-)
I understand all of it, and he got a blow job out of it, and so, it don't matter, there is a baby now, and he needs to go ahead and pay and quit trying to get out of it. [Reply]
