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Santeno
02-24-2005, 02:02 PM
Check out this story and then tell us what you think about it and who do you think is in the right:<p><TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD><i>Quote &raquo;</i></TD></TR><TR><TD CLASS="quote">Court: Man Can Sue Over Surprise Pregnancy<p>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.<p>The ruling Wednesday by the Illinois Appellate Court sends Dr. Richard O. Phillips' distress case back to trial court.<p>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.<p>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.<p>Phillips was ordered to pay about $800 a month in child support, said Irons' attorney, Enrico Mirabelli.<p>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.<p>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.<p>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.''<p>The judges backed the lower court decision to dismiss the fraud and theft claims, agreeing with Irons that she didn't steal the sperm.<p>``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.''<p>Phillips is representing himself in the case. He could not be reached for comment Thursday.<p>``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.''</TD></TR></TABLE><p>IMO, The guys should have had the right to sue to have his paternity rights abolished along with any child support payments. what do you guys think?

Charger
02-24-2005, 02:07 PM
This is messed up. I really dont know who to side with.

skoochythatone
02-24-2005, 03:24 PM
First of all the kid needs to be left out of it, it is not the childs fault. Now, on the other side, that woman is crazy and I sure would try to sue her, too. How ****ed up do you have to be to keep semen after oral sex to get yourself pregnant from it? No matter how unhappy their relationship was, this clearly looks to me as if the only reason why the woman did it was to get money from that guy. <br>Damn, I dont really know what to say. Extremely disturbing story!

Santeno
02-24-2005, 04:10 PM
my question is what did she do after the (to use the words of the court) "gift" was "transfered"? Did she run to the freezer and make a "deposit" in the ice-cube tray? would that then mean that the fridge is now the actual owner of the gift? Very confusing and disturbing indeed.

JBlair
02-24-2005, 04:26 PM
Has she actually admitted to doing this, or is that what the guy says she did?

Nick
02-24-2005, 04:54 PM
That's BS...I mean, they didnt have concensual sex, there was no penetration, therefore the guy shouldn't be held accountable and the woman is a nut case...that would be like if i wacked off into a tissue, then some crazy person came up, ran away with the tissue, and took the sperm and impregnated herself with it...there is no way the guy can be held responsible and he has every right to sue this wackjob...I feel bad that the kid has to go through this also...but still, this guy was violated...maybe not so much physically...i mean, people have oral sex in some situations so that they don't get pregnant...this is just crazy, i mean, it would be one thing if she was impregnated during intercourse, but this wasn't the case...i mean, if the guy wanted a baby, he would have just had normal sex, right? I mean, this is sick...it just isn't something you do...I mean, this sounds liek s sperm bank...when the guys are shooting blanks but the wives still want a baby, they go to a sperm bank to find a donor right? Well, does the donor pay for the child? No...therefore this doesn't really stand...

Dodger
02-24-2005, 06:36 PM
Wow. I can't believe the court systems. This woman is obviously a nut-job. Sounds like she is running her own little sperm bank. I wonder if she sold some of it and the guy has other kids out there that he doesn't know about...

Cozz
02-24-2005, 06:37 PM
Do you know where your sperm is?

Naga Royal Guard
02-24-2005, 06:38 PM
wow