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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."
In America we have brought this on ourselves. Women feel a "right of entitlement" after having any kind of sexual relations with a man. Alimony, palimony, child support you name it. Doesn't matter whether you were a scandelous predatorial bitch or not, hey they participated so your entitled. [Reply]
Originally Posted by ENDelt260:
I giggled in anticipation when I saw stumppy had the last post on this thread.
Hey stump, I know you've gotta be using this to your advantage. Share some stories about stuff you've convinced her of that benefited you (like swallowing will make her hairy shiny or something).
If he can't convince her that Hurricanes aren't underground, I'm pretty sure he hasn't convinced her of much. I'll bet she learns most of her information from the senile old bastard who can't wipe his own butt or all the other jilted ex-wives in her NASCAR club. [Reply]
Originally Posted by ENDelt260:
I giggled in anticipation when I saw stumppy had the last post on this thread.
Hey stump, I know you've gotta be using this to your advantage. Share some stories about stuff you've convinced her of that benefited you (like swallowing will make her hairy shiny or something).
Well, she didn't know about the Blue Laws here in Missouri, you know, the ones about men doing housework. And the one about the 75/25 split on the paycheck. But those are things she just didn't know about. As far as trying to change her mind on something ???? The ultimate excersise in futility. [Reply]
We have 3 nasty divorces going on with clients now. Their assets are frozen and exposed to areas that are not good anymore and there is nothing they can do about it. I could go on and on about each one but it just makes me sick to hear this shit. How they keep from killing them is beyond me. [Reply]
Originally Posted by Mr. Kotter:
East coast pansie-ass pussy-whipped hen-pecked light-in-your-loafers suck-up. Is that how ya'all git your women to suck your dick? :-)
Real men, here in Jesusland.....unbuckle and pull down our pants, point to our dicks and say: "(In my best Iowanian impression) Yo wench....this dick ain't gonna suck itself, so after you get me a beer....come do your job."
Originally Posted by Ghostof:
Because shes a woman....women cant even think without a man telling them what to do let alone do any type of job.....unless its washing dishes or making pie
I nominate this for the most ignorant thought in a post award. [Reply]
Originally Posted by Ghostof:
Because shes a woman....women cant even think without a man telling them what to do let alone do any type of job.....unless its washing dishes or making pie
:-) Are you really this stupid? Because if you really believe this then you are a ****ing retard......:-) So glad to know you think your momma is a dumb bitch. [Reply]
Originally Posted by chiefs4me: :-) Are you really this stupid? Because if you really believe this then you are a ****ing retard......:-) So glad to know you think your momma is a dumb bitch.
Waterboy voice on/ HEY, DON'T YOU BE TALKIN BOUT MY MAMMA!. [Reply]
Well, the next time someone tells me that a woman can't get pregnant via oral sex, I'll use this article as proof that they are wrong.
Very clever way to soak a guy for some $$. I like Mr. Kotter's idea about hanging out with the rich ladies and trying to nab an egg for future use. Then go after her for child support using this case as a precedence. [Reply]
