(submitted by BigBad)
Court dismisses man's theft claim against lover who kept semen
The 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.


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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Every guy reading this has got to be thinking, "This is my new worst nightmare..."


Definately I would be checking up on what becomes of my tadpoles after any bj...

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Imagine how this child feels when he finds out he was conceived from a humjob... :bang:

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If the theory does not conform to the facts, then the facts must be discarded.

No good deed ever goes unpunished

Never argue with an idiot. He'll drag you down to his level, & beat you with experience.

i tried looking for more info but i still can't understand why he has been ordered to pay child support.

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I agree with the courts that she shouldn't be found to have stolen the 'gift,' but I also agree with you that her deceptiveness should preclude his having to pay child support.

Courts ... they can do the screwiest (no pun intended ) things.

Imagine how the 5 year old will feel when she figures out what a nut-job her mother is!

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Damn, next thing to happen will be a bi guy passing his gift to his sister for the monthly installments... and the poor kids.... too much for me to fathom.

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i agree