choskins

Court: Man Can Sue Over Surprise Pregnancy

1 hour, 6 minutes ago Strange News - AP



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."


http://story.news.yahoo.com/news?tmp...us/sperm_theft

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K-Wise

Unfuckingbelievable I need a moment on this one. Wow thats really fucked up on so many levels. I honestly don't know what to say I'm just in shock. WTF?! Would probably be the best choice of words.

Asta!!

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slimshaydee

fuck now even headjobs are getting ruined for me.

K-Wise

Well if you suspect anything you could always just say "Swallow?" or put a cup in front of her face for her to spit in and promptly set it a blaze of red fire.

Asta!!

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"I love music and it's my parents fault (closing statement)." - Me..quoting myself...from when I said that...On TFP..thats here...Tilted Forum Project

It ain't goodbye, it's see ya later! I'll miss you guys! - Asta!!

Fremen

I'm going over to the corner and cry for the human race as a whole.

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K-Wise

^ I'm too tired to cry..you'd best do it for me.

Asta!!

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"I love music and it's my parents fault (closing statement)." - Me..quoting myself...from when I said that...On TFP..thats here...Tilted Forum Project

It ain't goodbye, it's see ya later! I'll miss you guys! - Asta!!

slimshaydee

some guy on fark said
"Geez. Now you gotta ask if the girl spits, swallows, or saves it for later?"

AHAHA

K-Wise

ahaha

Asta!!

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"I love music and it's my parents fault (closing statement)." - Me..quoting myself...from when I said that...On TFP..thats here...Tilted Forum Project

It ain't goodbye, it's see ya later! I'll miss you guys! - Asta!!

pattycakes

is she admitted she got herself preg with his sperm after a bj.... now why the hell does he have to pay child support?

bernadette

yeah. seems to me she got herself pregnant. on purpose.

it'd be different if his sperm got her pregnant the usual way.
then i'd say he should have to pay.

but this woman got herself pregnant!
so she should have to support the child. not him.

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spived2

LOL I love it when they use legaleze to describe sexual acts. Always sounds funny.

I wonder what she used to inseminate herself? I know I'm going to avoid oral sex now if ever I see a turkey baster laying around...

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drakers

Wow!! That is just wrong, I know they were involved in a sexual act, but it wasn't sex. That is a huge betrayal of trust.

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omega2K4

What a bitch.

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Amnesia620

You have got to be kidding me. What the hell is wrong with our judicial system? Does no one see that something is SERIOUSLY wrong with this woman??? Hellloooo! They engaged in oral and the courts call it a gift??!?

And then they have the audacity to say that there is a kid who's going to have to deal with having a father who is emotionally damaged by his birth. This is a great situation - a kid is being raised by a woman with SERIOUS issues and a father who is paying out the Wahzoo for a child he didn't know he might create if he Didn't have sex with her. Interesting.

Shame on her. I just wish there was a judge out there with half a brain...

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