Gift of Sperm?

Sishir Chang · Mar 26, 2005

There's a lot of controversial issues in this one so mods feel free to move this to the D & D but since its a sex topic this seems to be the place for those.

http://www.msnbc.msn.com/id/7024930/

Sperm: The 'gift' that keeps on giving
Court dismisses man's theft claim against lover who kept semenThe Associated Press
Updated: 2:39 p.m. ET Feb. 24, 2005CHICAGO - 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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Shroopy2 · Jul 18, 2007

Ha, found it. A friend of mine just im'd this story to me. I think this is just UNBELIEVABLE

Updated: 11:39 a.m. PT Feb 24, 2005

Sperm: The 'gift' that keeps on giving
Court dismisses man's theft claim against lover who kept semen

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.

'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.”
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I know there's thread already going for a guy getting screwed into paying child support. But still, so...

A woman orally services a man, then...(ick) keeps the contents in her mouth, then stores it? Then INJECTS it into herself, for...a happy home life? (cuz this is how family's usually get started)

Then they deem that NOT extreme and outrageous behavior and dull it down with court talk and rhetoric...and claim it as property he gave over to her, as a gift of sorts...(but then makes HIM pay for the upkeep of that gift?)

Then they shrug off his distress level and say he's not that bad. (Didnt say they never had intercourse) but technically being contacted years later to learn you have to pay someone money for a child of yours, for someone you DIDNT HAVE INTERCOURSE with, that wouldnt be some kind of cruel joke?

Then an attorney says "Imagine how the CHILD feels" about a father being damaged over its birth (or the mother knowing who the father was but never taking the child over to see him...)

Maybe this is D & D fodder, not sure the guidelines of that really...But whats next, donors at the sperm bank getting tracked down by the sperm recipient to make him pay child support?

Invisible Fan · Jul 18, 2007

This is all about liability. But I wouldn't be surprised if the guy wins the case and still has to pay for child support.

geeimsobored · Jul 18, 2007

Shroopy2 said:

Maybe this is D & D fodder, not sure the guidelines of that really...But whats next, donors at the sperm bank getting tracked down by the sperm recipient to make him pay child support?
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I hate to say it, but that's already happened before.

http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_506968.html

HARRISBURG — A sperm donor who helped a lesbian couple conceive two children is liable for child support under a state appellate court ruling that a legal expert believes might be the first of its kind in the U.S.

A Superior Court panel last week ordered a Dauphin County judge to establish how much Carl L. Frampton Jr. would have to pay to the birth mother of the 8-year-old boy and 7-year-old girl.

"I'm unaware of any other state appellate court that has found that a child has, simultaneously, three adults who are financially obligated to the child's support and are also entitled to visitation," said New York Law School professor Arthur S. Leonard, an expert on sexuality and the law.

But Frampton, 60, of Indiana, Pennsylvania, died suddenly of a stroke in March, leaving lawyers involved in the case with different theories about how his death may affect the precedent-setting case.

Jodilynn Jacob, 33, and Jennifer Lee Shultz-Jacob, 48, moved in together as a couple in 1996, and were granted a civil-union license in Vermont in 2002. In addition to conceiving the two children with the help of Frampton — a longtime friend of Shultz-Jacob's — Jacob also adopted her brother's two older children, now 12 and 13
But the women's relationship fell apart, and Jacob and the children moved out of their Dillsburg, Pennsylvania, home in February 2006.

Shortly afterward, a court awarded her about $1,000 a month in support from Shultz-Jacob. Shultz-Jacob later lost an effort to have the court force Frampton to contribute support — a decision that the Superior Court overturned April 30.

Jacob, who now lives in Harrisburg, said Frampton provided some financial support over the years and gradually took a greater interest in the children.

"Part of the decision came down because he was so involved with them," Jacob said Wednesday. "It wasn't that he went to the (sperm) bank and that was it. They called him Papa."

The process was very informal — Jacob was inseminated at home.

In his written opinion requiring Frampton to help pay for the child's support, Superior Court Judge John T.J. Kelly Jr. noted that Frampton spent thousands of dollars on the children, including purchases of toys and clothing.

The children knew he was their biological father, but Frampton opposed the effort to compel support from him.

"We made the argument that, according to Pennsylvania law as it stands, there can really only be two adult individuals that can be held liable for support in a child-custody case," said Frampton's lawyer, Matthew Aaron Smith.

Shultz-Jacob's lawyer, Heather Z. Reynosa, wants Frampton's support obligation to be made retroactive to when Jacob first filed for support. Frampton's Social Security survivor benefits may also help reduce Shultz-Jacob's monthly obligation.

It is unclear how the child-support guidelines, which assume two parents, will be adapted to account for three parents.

"That's what's going to be interesting, because there's not a whole lot of guidance out there," Reynosa said.

The state Supreme Court is currently considering a similar case, in which a sperm donor wants to enforce a promise made by the mother that he would not have to be involved in the child's life. That biological father was ordered to pay $1,520 in monthly support.

About two-thirds of states have adopted versions of the Uniform Parentage Act that can shield sperm donors from being forced to assume parenting responsibilities. Pennsylvania has no such law.
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rrj_gamz · Jul 18, 2007

Complete and total BS...Of course it was theft...Another reason why SOME, not all women are nucking futs...

hotballa · Jul 18, 2007

i'm not surprised, it's consistent with the rulings on abortion that basically gives all power of consent to the female in pregnancies. not saying i disgaree or agree, but that's just hwo it is.

nyquil82 · Jul 18, 2007

I guess there's a third option besides "spit or swallow"

Also, my old college roommates did not appreciate my gifts to them I left in the shower for them to step on.

Sishir Chang · Jul 18, 2007

Wow talk about a thread that like its topic has come back..

Locke · Jul 18, 2007

Didnt this happen to a famous tennis player?

Deckard · Jul 18, 2007

OUTRAGEOUS!!! What a job on that poor smuck. The ruling sucks!

DaDakota · Jul 18, 2007

I have been trying to give my sperm away for decades, but alas, it keeps dribbling on the carpet.

Jeff · Jul 18, 2007

Dude should've figured something was wrong when she said, "Hey, when you are about to...you know...can you aim for this sterile plastic cup?"

Invisible Fan · Jul 19, 2007

Sishir Chang said:

Wow talk about a thread that like its topic has come back..
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Diamonds are forever, but a pearl necklace is the gift that keeps on giving.

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