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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 ENDelt260:
Don't be too shocked. I'm convinced she doesn't actually understand Phil's post. I don't think she has any idea what she was actually saying in her response.
Originally Posted by badgirl:
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.
Oh bullshit. 'lil stumpy drew you a picture with his crayons and now you kinda understand so you're backtracking.
If somebody fished Stumppy's condom out of the toilet and stuck a baster in their cootch, do you think he should pay child support? [Reply]
Originally Posted by badgirl:
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.
Okay, fine....so, hypothetically, I have sex with a woman during her menstrual cycle--and somehow I preserve the "egg" and use it to impregnate a surrogate mother for the purpose of producing a child for me; I've used my sperm to create the conception ....as father that child, I become the sole parent. I should be able to come after you in a couple of years when I decide to make you live up to your "motherly" responsibilities, eh?
I'm gonna start hangin' around the toilets of some rich broads looking for vaginal discharge then..... :-):-):-) [Reply]
no reasonable expectation...........unless she is one of those Auto-felatiation-capable broads, and a county fair Pumpkin seed spitting champion..............and he saw her do it.
Originally Posted by ENDelt260:
You don't think that if you blow your load in a broad's mouth you don't have a reasonable expectation that she's not gonna turn up pregnant?
I don't see how this is a case of a man being irresponsible. You're a loon.
:-) OK HE SHOULDN'T PAY A DAMN DIME, as a matter of fact I was in a heated argument a few months back in the DC forum about this, kinda like this, my nephew is 16 and he knocked up a 15 year old, my sister offered to pay for the abortion and counceling for the girl, she refused to have the abortion, my nephew didn't want her to have the baby either, but what can he do? I dont think he should have to pay child support if he offered to pay to let it go and she refused. [Reply]
Originally Posted by ENDelt260:
Wait, wait, wait... so using a condom to prevent pregnancy gets you off the hook, but NOT EVEN PUTTING YOUR PENIS IN HER VAGINA doesn't?
You're completely insane.
On this issue, she certainly is.
WTF, Stumpy??? Is she stoned right now, or what? [Reply]
Originally Posted by badgirl: :-) OK HE SHOULDN'T PAY A DAMN DIME, as a matter of fact I was in a heated argument a few months back in the DC forum about this, kinda like this, my nephew is 16 and he knocked up a 15 year old, my sister offered to pay for the abortion and counceling for the girl, she refused to have the abortion, my nephew didn't want her to have the baby either, but what can he do? I dont think he should have to pay child support if he offered to pay to let it go and she refused.
WHAT?!?!? You have zero capacity for applied logic. Holy shit. [Reply]
