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Old 02-24-2005, 04:12 PM   #1
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"She asserts that when plaintiff 'delivered' his sperm, it was a gift

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Court: Man Can Sue Over Surprise Pregnancy


Feb 24, 12:54 PM (ET)



CHICAGO (AP) - 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."
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Old 02-24-2005, 04:18 PM   #2
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women can be so tricky sometimes
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Old 02-24-2005, 04:24 PM   #3
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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."
This sums up the case. Bizarre facts that present an interesting twist on paternity law.
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Old 02-24-2005, 04:26 PM   #4
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Old 02-24-2005, 04:48 PM   #5
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"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."

It was not a gift

It was a by-product of an activity


If he had gone to a sperm bank and made a donation on her behalf - it would be a gift.


There was no reasonable expectation that oral copulation could result in pregnancy.
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Old 02-24-2005, 05:12 PM   #6
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If sperm are deemed "property," then the next step is to classify the transfer in terms of property law.

Is it sold?
Gifted?
Lost?
Abandoned?
Misplaced?
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Old 02-24-2005, 05:16 PM   #7
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If that's the case I've lost a lot.
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Old 02-24-2005, 05:30 PM   #8
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Originally posted by nbcrusader
If sperm are deemed "property," then the next step is to classify the transfer in terms of property law.

Is it sold?
Gifted?
Lost?
Abandoned?
Misplaced?
what was the intent


ok, if it was a gift (i don't buy it)

let's say I give you a gun for target practice, the understood intent

and you use it to shoot someone

and they are on life support now, do i pay that cost?
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Old 02-24-2005, 05:31 PM   #9
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Technically, they were probably abandoned.
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Old 02-24-2005, 05:34 PM   #10
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True.
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Old 02-24-2005, 05:40 PM   #11
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Quote:
Originally posted by nbcrusader
Technically, they were probably abandoned.
so based upon that


what is the difference if the mother is a maid who found a used condum?
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Old 02-24-2005, 06:27 PM   #12
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When a woman has a severe case of baby rabies, she will do anything to get pregnant including impregnating herself with sperm from a blow job. Women like this make me sick.
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Old 02-25-2005, 01:49 AM   #13
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Old 02-25-2005, 07:37 AM   #14
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Quote:
Originally posted by deep


so based upon that


what is the difference if the mother is a maid who found a used condum?


If deposited in a trashcan, I'm not sure that it is "abandoned" yet, as there is an intent that the material make its way outside to the curb.

Once at the curb, the expectation of control is gone and the item may conceivably be considered abandon and fair game. Which brings us back to paternity issues - should the father be held responsible.

I'm sure an army of associates could bill quite a bit of time researching these issues.....
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Old 02-25-2005, 08:00 AM   #15
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