February 25, 2005

JUST AN OLD-FASHIONED COUPLE:

Court: Man can sue over 'surprise' pregnancy (ABDON M. PALLASCH, February 25, 2005, Chicago Sun-Times)

If a woman performs oral sex on a man, leaves the room, secretly uses that sperm to impregnate herself, then sues the man for child support, is that "extreme and outrageous" conduct?

Yes it is, the Illinois Appellate Court ruled this week.

The justices said Chicago doctor Richard Phillips can try to convince a jury that his ex-fiancee pulled that trick on him, causing him emotional distress.

The ex-fiancee, Sharon Irons, also a doctor, says Phillips got her pregnant the old-fashioned way -- sexual intercourse -- and concocted the oral sex story as a novel excuse to get out of paying child support for their 5-year-old daughter.


Posted by Orrin Judd at February 25, 2005 8:03 AM
Comments

If she got it from Point A to Point B while maintaining the proper survival temperature, this is one limber woman.

Posted by: John at February 25, 2005 11:29 AM

It has been some years since I have considered these matters professionally, and I am unaware of any cases directly on point in my jurisdiction, but I recall cases from other states having no problem in finding paternity in the absence of penetration, as where the male parent ejaculated externally.

One would think that DNA evidence would pin down the factual questions pretty quickly. Partenity is to be determined to serve the best interests of the child, not to punish the putative father for his sins. I fail to see how the subterfuge described in this case would justify casting the innocent child into the world without a male parent.

Posted by: Lou Gots at February 25, 2005 1:23 PM

What Lou said. Method of conception,is, IMHOP, irrelevant. Its either him or the taxpayers, so I say its him.

Posted by: Robert Schwartz at February 25, 2005 3:40 PM

Never mind the taxpayer. What does this idiot think the word father means?

Posted by: Peter B at February 25, 2005 8:34 PM

The daughter is 5?

Isn't that legal quibble a little late?

Posted by: John J. Coupal at February 25, 2005 11:21 PM
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