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Man's sperm got ex-lover pregnant, but U.S. appeals court nixes theft charge


[size=-1] 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. [/size]


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[size=-1] The ruling Wednesday by the Illinois Appellate Court sends Dr. Richard Phillips' distress case back to trial court. [/size]

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[size=-1] 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. [/size]

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[size=-1] 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. [/size]

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[size=-1] Phillips was ordered to pay about $800 US a month in child support, said Irons' lawyer, Enrico Mirabelli. [/size]

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[size=-1] 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. [/size]

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[size=-1] 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. [/size]

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[size=-1] 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." [/size]

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[size=-1] The judges backed the lower court decision to dismiss the fraud and theft claims, agreeing with Irons that she didn't steal the sperm. [/size]

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[size=-1] "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." [/size]

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[size=-1] Phillips is representing himself in the case. He could not be reached for comment Thursday. [/size]

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[size=-1] "There's a five-year-old child here," Mirabelli said. "Imagine how a child feels when your father says he feels emotionally damaged by your birth." [/size]
original Story Here
 

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Eh. Any woman who does that really deserves to take care of the child on her own. I myself "would" help the child because its my blood line. But what she did was wrong and IMO completely disgraceful and dispicable.
 

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waaaaa.... thats a very disturbing case.... fraud and theft of sperm... geez...
 

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AKA snkmad
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Man, i hope women here in Brazil dont see this story....
It would be a nightmare for us!!
 

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I would get the child taken off her, as she is clearly mentaly unstable.
 

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<font color="#990000"><b>Lurking</b></font>
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I don't wanna know...

Yours,
-Elly
 

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The question is; How Did she keep it and in what?
she's a doctor, probably has a lot of access to freezers and such, and if not she probably couldve made some account in one of those banks

the funny thing is, i remember a story almost exactly like this from a series called spin city
 

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Strider said:
the funny thing is, i remember a story almost exactly like this from a series called spin city
micheal j fox....I miss that guy ^^

I'm woundering myself how she kept the sperm. I guess she had a mouthful after :heh:
 

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He's watching you.
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every sperm is sacred :p
 

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If a sperm is wasted, God get's quite irate.
Let the heathen's spill thiers on the dusty ground.
God will make them pay for each sperm which can't be found
 

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hmmmm, thats kinda sick man, I hope no woman ever does that to me unless it's my wife and i'm about to die and she really wants my child.. wow.. talk about a mans worse nightmare
 

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Kane said:
If a sperm is wasted, God get's quite irate.
Let the heathen's spill thiers on the dusty ground.
God will make them pay for each sperm which can't be found
:spit:
Monty Python's vision on life rules :rolleyes:
 

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wow...kinda nasty. THey had an episode of Spin City once that had a woman trying to do the same thing to Michael J. Fox :p
 

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"There's a five-year-old child here," Mirabelli said. "Imagine how a child feels when your father says he feels emotionally damaged by your birth."
What a load of bollocks.
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Player-X said:
Phillips was ordered to pay about $800 US a month in child support, said Irons' lawyer, Enrico Mirabelli.
Him paying child support is really disturbing. How in the hell can he be made pay for women who secretly kept semen after they had oral sex, then used it to get pregnant.
 

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>[size=-1] "There's a five-year-old child here," Mirabelli said. "Imagine how a child feels when your father says he feels emotionally damaged by your birth."

Imagine how the child feels to have such a fecked up mother? Seriously, what kind of sick messed up individual does stuff like that? They need to take her to the looney bin and either give the child to him or should he not desire it, pass it to a foster family.
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Emulation Junkie
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What???? This country is totally ****ed up.....A woman can get pregnant, then abort (murder) the child growing inside her, and be perfectly fine, but if a mans sperm gets anywhere near a woman, whether or not they actually had sex, they are going to make him pay child support???? There is something seriously wrong with this picture....
 

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Wow, what a mentally deranged woman... If it were with me, I'd refuse to pay for the child's care. I don't care about biological paternity, and I think that I've enough support both from the Law AND science to back up my position. If I ever were involved in a case such as this one, I could a short book on the subject...

BTW, I should expect an anti-choice zealot to pop up and mention abortions... they never give up, do they?
 
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