Now what? Should dad dissociate himself or play a part? He did not want a child. Should he have the right to opt out or is that making the innocent child pay for the actions of the devious mother?
âSperm Theftâ? Ruling a Step Forward for Menâs Productive Rights « Fathers Rights: Jeffery M Leving-Chicago Family Law & Divorce Attorney
âSperm Theftâ? Ruling a Step Forward for Menâs Productive Rights « Fathers Rights: Jeffery M Leving-Chicago Family Law & Divorce Attorney
Courts have ruled that boys who were statutorily raped by older women must pay child support. Courts have ruled that when a woman has taken the semen from a condom a man used for sex with a different woman and has inserted it in herself, the man must still pay child support. Courts have ruled that when a woman has concealed her pregnancy (denying the man the right to be a father) and then sued for child support a decade later, the man must still pay child support. Courts have ruled that when a woman has deceived her husband into believing that her baby is his child, he must still pay child support. Few if any men are relieved of child support obligations due to the circumstances of the pregnancy, no matter how bizarre or unjust.
Recently, however, the Illinois Appellate Court took a step towards fairness by ruling that an Illinois man can sue his former lover for emotional distress over her pregnancy. Dr. Richard O. Phillips alleges that six years ago Dr. Sharon Irons secretly kept his semen after the two had oral sex, and then impregnated herself with it. Phillips claims he didnt learn of the childs existence until two years later, when Irons went to court to get child support. Irons now receives $800 a month in tax-free child support from Phillips.
In last weeks ruling the court stated that, if Phillips story is true, Irons deceitfully engaged in sexual acts, which no reasonable person would expect could result in pregnancy. The court reinstated Phillips lawsuit against Irons, which had been thrown out by the Cook County Circuit Court in 2003.
Unfortunately, the court couldnt bring itself to properly uphold Phillips reproductive rights, instead ruling that he must continue to pay child support because when plaintiff delivered his sperm, it was a gift There was no agreement that the original deposit would be returned upon request. Of course, in Phillips version of events, there was also no agreement that Irons would use his sperm to make a baby.