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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."
Holy crap. It's absolutely absurd to me that a guy in that situation needs to pay child support. But the concept is to not punish the child, which I understand but...
Originally Posted by bkkcoh:
All she had to do was swallow........ :-)
But she couldn't even do that right...
Doesn't surprise me:
A Woman was out golfing one day when she hit the ball into the woods.
She went into the woods to look for it and found a frog in a trap. The frog said to her, "If you release me from this trap, I will grant you three wishes."
The woman freed the frog, and the frog said, "Thank you, but I failed to mention that there was a condition to your wishes. Whatever you wish for, your husband will get times ten."
The woman said, "That's okay." and for her first wish, she wanted to be the most beautiful woman in the world. The frog warned her, "You do realize that this wish will also make your husband the most handsome man in the world, an Adonis whom women will flock to."
The woman replied, "That’s okay, because I will be the most beautiful woman and he will have eyes only for me. "So, KAZAM!" she’s the most beautiful woman in the world.
For her second wish, she wanted to be the richest woman in the world. The frog said, "That will make your husband the richest man in the world and he will be ten times richer than you."
The woman said, "That's okay, because what's mine is his and what's his is mine. “ So, KAZAM!" she's the richest woman in the world.
The frog then inquired about her third wish, and she answered, "I'd like a mild heart attack."
Moral of the story: Women are clever. Don't mess with them.
Attention female readers: This is the end of the joke for you. Stop here and continue feeling good. :-)
Attention Male readers: Please scroll down.
The man had a heart attack ten times milder than his wife.
Moral of the story: Women are really dumb but think they're really smart.
Let them continue to think that way and just enjoy the show..
PS: If you are a woman and you are still reading this, it only goes to show that you women never listen! [Reply]
Originally Posted by Amnorix:
Holy crap. It's absolutely absurd to me that a guy in that situation needs to pay child support. But the concept is to not punish the child, which I understand but...
I'm with Phobia. Wow...
After giving this some thought, I would offer some voluntary minimal child support and put anything extra towards the child's education or trust. The mother should not benefit financially from this stunt - not in any way. I think the courts should run from Pandora's box. This is not a good precedent to set, IMO. [Reply]
Originally Posted by Phobia:
After giving this some thought, I would offer some voluntary minimal child support and put anything extra towards the child's education or trust. The mother should not benefit financially from this stunt - not in any way. I think the courts should run from Pandora's box. This is not a good precedent to set, IMO.
I agree that it should go into a trust fund or something. The mother under these circumstnaces should have much less control over the money than usual.
But still, the usual concept is that the child support helps paying for housing and utilities, etc., not just food for the kid until he goes to school.
:-) Another one of those "there's no easy answers" type situations. [Reply]
Y'know when you do that song at karaoke... and really get into it... it doesn't get you laid much.
Sure is cathartic, though.
whenever i hear stories like these i think of that song and i think of chris rock.... I don't think he should have killed her, but i understand [Reply]
