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Old Feb 24, 2005 | 11:37 AM
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http://story.news.yahoo.com/news?tmpl=stor..._us/sperm_theft

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
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Old Feb 24, 2005 | 11:38 AM
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gotta love this line, ""She asserts that when plaintiff 'delivered' his sperm, it was a gift"
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Old Feb 24, 2005 | 01:02 PM
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lol... this is so odd...
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Old Feb 24, 2005 | 02:19 PM
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[QUOTE=JustAyoungMC,Feb 24 2005, 12:37 PM] http://story.news.yahoo.com/news?tmpl=stor..._us/sperm_theft


"She asserts that when plaintiff 'delivered' his sperm, it was a gift
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Old Feb 25, 2005 | 10:53 AM
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Thats why good girls swallow.......
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Old Feb 25, 2005 | 11:54 AM
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Serious question here.... how did he "deliver" his sperm? Reason I ask is that this line

which no reasonable person would expect could result in pregnancy
which insinuates that it wasn't in the traditional err.... manner

Seriously Im curious
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Old Mar 1, 2005 | 06:52 PM
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look at zemz post...

Im curious about what she did.....


guy:"wow...that was good"
woman:"uhhh...........:runs to freezer and spits:...comes back"
guy:"what was that all about?"
woman:"nothing"
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Old Mar 1, 2005 | 09:40 PM
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Originally Posted by JustAyoungMC,Mar 1 2005, 09:52 PM
look at zemz post...

Im curious about what she did.....


guy:"wow...that was good"
woman:"uhhh...........:runs to freezer and spits:...comes back"
guy:"what was that all about?"
woman:"nothing"
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Old Mar 2, 2005 | 01:35 AM
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that's what happens when you represent yourself. Who are these idiots? On second thought, I don't want to know.
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Old Mar 2, 2005 | 09:46 AM
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If it was a gift, wasn't it then hers to do with as she pleased?
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