Tom Posted February 25, 2005 Posted February 25, 2005 Judge rules reluctant dad can't claim theft of sperm Judge rules reluctant dad can't claim theft of sperm Friday, February 25, 2005 ASSOCIATED PRESS 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, who is representing himself in the case, 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."
Dan III Posted February 25, 2005 Posted February 25, 2005 "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." I wonder how the kid is going to feel when he realizes his mother only got pregnant to get a check.
Zamboni Man Posted February 25, 2005 Posted February 25, 2005 I've heard of stories about girls doing that with a condom after it was used and thrown out...never heard of it happening from oral though. Makes me wonder about some of the crazy college parties I've been to.
aussiew Posted February 25, 2005 Posted February 25, 2005 So that explains what "Give it to her" means.
Pine Barrens Mafia Posted February 25, 2005 Posted February 25, 2005 I think it's horsesh-- he's got to pay child support when his intent (determined by his actions) was clearly NOT in getting this "woman" pregnant.
Gavin in Va Beach Posted February 25, 2005 Posted February 25, 2005 I think it's horsesh-- he's got to pay child support when his intent (determined by his actions) was clearly NOT in getting this "woman" pregnant. 252993[/snapback] There is NO WAY I would pay that coont a dime, even if it meant getting a new identity and living in the backwoods of Montana.
Arkady Renko Posted February 25, 2005 Posted February 25, 2005 What's worse is that when a man thinks that his wife's children are his and then finds out otherwise, he still is on the hook for child support even if the biological father is known.
Pine Barrens Mafia Posted February 25, 2005 Posted February 25, 2005 There is NO WAY I would pay that coont a dime, even if it meant getting a new identity and living in the backwoods of Montana. 253002[/snapback] Just another example of activist judges giving America the bone.
IDBillzFan Posted February 25, 2005 Posted February 25, 2005 Am I the only person surprised to find out a woman's mouth is a safe place to keep sperm until insemination? And if you did that, isn't there a high likelihood she'd give birth to a child that would have drooling problems for the rest of its life? The birth of message boards on the internet has really brought to light the tragic number of drooling adults in this country. It's sad she decided to add to that particular population.
Pine Barrens Mafia Posted February 25, 2005 Posted February 25, 2005 What's worse is when a man things that like the children with his wife are his, finds out they aren't and still has to pay child support for them even if they know who the biological father is! 253005[/snapback] If I ever was in that situation, I'd disappear for sure. No judge would ever have the nads to enforce that kind of shiat.
aussiew Posted February 25, 2005 Posted February 25, 2005 I agree - her actions in this situation are horsesh*t. But there are too many guys out there who are stupid enough to leave the responsibility for birth control up to the woman. And, for disease control - if they were both single, perhaps he should have worn a glove for the other warm space anyway.
Live&DieBillsFootball Posted February 25, 2005 Posted February 25, 2005 "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." So it's considered a gift? My anniversary is coming up and I couldn't think of what to get her.
VABills Posted February 25, 2005 Posted February 25, 2005 "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." So it's considered a gift? My anniversary is coming up and I couldn't think of what to get her. 253029[/snapback] It maybe your last.
Guffalo Posted February 25, 2005 Posted February 25, 2005 There is NO WAY I would pay that coont a dime, even if it meant getting a new identity and living in the backwoods of Montana. 253002[/snapback] Ohh another Drew Bledsoe wannabe...
Shameless Homer Posted February 25, 2005 Posted February 25, 2005 What's worse is when a man things that like the children with his wife are his, finds out they aren't and still has to pay child support for them even if they know who the biological father is! 253005[/snapback] Sorry man.
Tom Posted February 26, 2005 Author Posted February 26, 2005 Am I the only person surprised to find out a woman's mouth is a safe place to keep sperm until insemination? And if you did that, isn't there a high likelihood she'd give birth to a child that would have drooling problems for the rest of its life?
Arkady Renko Posted February 26, 2005 Posted February 26, 2005 Sorry man. 253034[/snapback] I had a feeling I was going to get burned for that post...
Nanker Posted February 26, 2005 Posted February 26, 2005 Gentlemen, let this be a lesson for us all. ALWAYS insist that your lovely maiden joins you in a celebratory toast following flagrante delicto! Bottom's up, and CHEERS!
IDBillzFan Posted February 26, 2005 Posted February 26, 2005 Gentlemen, let this be a lesson for us all.ALWAYS insist that your lovely maiden joins you in a celebratory toast following flagrante delicto! Bottom's up, and CHEERS! 253495[/snapback] "Here, sweetie. Howzabout a Bass Ale chaser?"
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