Oral Sex and Property Law
In the great state of Illinois, this is now settled law:
The judges backed the lower court decision to dismiss the fraud and theft claims [regarding a woman's decision to keep the output of oral sex and later use it to impregnate herself], 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."
Keep that in mind, 1Ls, when you have Property next year.
(Hat tip to Clearly Erroneous, who has such an appropriate title for the post.)
Comments
The thing which doesn't seem to have been made clear (to me) in this case is whether the guy still has to pay child support. None of the bits of report/comment on this that I've seen seem to have had the same response I did, notably: She did what ? And she had the gall to present him with a paternity suit ?
pfifwPosted by: Elizabeth | March 1, 2005 04:31 AM
That's my question as well. Is he still paying child support? Anyway, hearing about this case makes me glad I'm gay. At least nothing like that's ever going to happen to me.
dnvxrdePosted by: Terrance | March 1, 2005 09:04 AM
Oh, Terrance... if there's one thing life has taught me, it's don't ever say something like that. It tempts the fates. ;)
sfnsscd gatesgPosted by: A. Rickey | March 1, 2005 10:01 AM
My initial reaction was the same one I had upon hearing of Monica Lewinsky and the blue dress: Girl, you nasty.
Terrance, that this method of artificial insemination actually produced a pregnancy is proof that you're not safe from a paternity suit.
In my untutored opinion, the particular case is about an emotional distress tort, so unless the relief requested includes having the child support requirement dismissed and he wins the case, he's still paying it. There's nothing inherent to such a claim that makes him less liable for child support; in fact, support seems to be a sort of strict liability regime. I read an article for journal of gender & law about this, that there's a disparity in the law such that women can sue men for false claims of infertility, but men cannot.
amuhioPosted by: PG | March 1, 2005 03:41 PM