News & Politics - Sperm: The 'gift' that keeps on giving

mh67511 · 02-24-2005, 11:14 PM

Quote:

Sperm: The 'gift' that keeps on giving

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.

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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.

'Trapped in a nightmare'
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.”

Um...I'd like to know how she saved the semen and then got herself pregnant with it...

Why didn't she just go to a sperm bank?

I think that's a pretty low thing to do. She must have been pretty desperate to get a child.

Semmer · 02-25-2005, 12:35 AM

That is quite odd. I don't even what to think about how she was able to keep the sperm and then get pregnant with it. I don't any options would be very appealing.

LittleMilkJug · 02-25-2005, 01:32 AM

This happened to Boris Becker.

roswellain_chick16 · 02-25-2005, 02:38 PM

Ewww This is weird!!!

I dont think it was fair of her to keep it and have a baby with it - has she not ever heard of spitting??

Sorry guys

No1important · 02-25-2005, 06:26 PM

just when I think I have heard it all............

MarvelRoswell · 02-25-2005, 09:23 PM

Quote:

“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’m surprised no one has said anything about this statement. I’m sure it is very upsetting for the child, but come on. There’s a big difference in a woman “accidentally” getting pregnant because she forgot birth control and her saving his sperm in a freezer waiting for the right moment. If course, he’s going to be a little emotionally damaged. He’s ability to trust people is, probably, completely gone.


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