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Old 02-24-2005, 01:36 PM  
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NFT: Man Can Sue Over Surprise Pregnancy
http://story.news.yahoo.com/news?tmp...us/sperm_theft
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Court: Man Can Sue Over Surprise Pregnancy

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.

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."
Last edited by The Rick; 02-24-2005 at 01:43 PM..
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Old 02-24-2005, 03:22 PM   #91
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You should listen to everything Stump says as though it were from the mouth of God himself. You're lucky to have a surrogate brain like him.

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Old 02-24-2005, 03:23 PM   #92
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Nah thought I'd let you think you were right about something.


Nice. But you should have left it at blamin' it on your 'monthly friend;' now you look even more silly....
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Old 02-24-2005, 03:23 PM   #93
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Ok I'm leaving work and going home now, you guys just had me a little confused thats all
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Old 02-24-2005, 03:24 PM   #94
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Ok I'm leaving work and going home now, you guys just had me a little confused thats all
Be careful. I heard there were some underground tornados out your way.
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Old 02-24-2005, 03:24 PM   #95
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Nice. But you should have left it at blamin' it on your 'monthly friend;' now you look even more silly....
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Old 02-24-2005, 03:24 PM   #96
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Mr. Kotter isn't highly regarded as the most intelligent person on here, but I would stake my right nut that his IQ more than doubles yours.
Gee, thanks Phil.....I think.

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Old 02-24-2005, 03:26 PM   #97
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Gee, thanks Phil.....I think.

I was gonna go with "triples", but it is my 'nad we're talking about....
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Old 02-24-2005, 03:27 PM   #98
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I was gonna go with "triples", but it is my 'nad we're talking about....
Pft. You've got another one.
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Old 02-24-2005, 03:29 PM   #99
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Wow. Will an intelligent person please say something thought provoking so I can recharge?
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Old 02-24-2005, 03:30 PM   #100
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Pft. You've got another one.
He may have needed it; I'd bet she's between 25-30 on the scale.....and I doubt I make over 90.
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Old 02-24-2005, 03:30 PM   #101
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Wow. Will an intelligent person please say something thought provoking so I can recharge?
Lemme see if I can go find one.
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Old 02-24-2005, 03:31 PM   #102
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Wow. Will an intelligent person please say something thought provoking so I can recharge?
Whether you think you can, or you think you can't--you are right.
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Old 02-24-2005, 03:31 PM   #103
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He may have needed it; I'd bet she's between 25-30 on the scale.....and I doubt I make over 90.
Heh heh - the best kind of humor.

I farted 30 IQ points last night.
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Old 02-24-2005, 03:32 PM   #104
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Whether you think you can, or you think you can't--you are right.
Not you. Somebody like David. or Metrolike.
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Old 02-24-2005, 03:33 PM   #105
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Not you. Somebody like David. or Metrolike.
Sorry....I missed the "intelligent" part.
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