Man Receives Oral Sex, Ordered to Pay Child Support

So, a man sued his ex-girlfriend for fraud and emotional distress after she secured a court order demanding he pay child support for their two year-old daughter. The reason? This woman saved his semen after performing oral sex and secretly impregnated herself. No, this is not a new plotline of absurd television show One Tree Hill but actual events that formed the basis of a 2005 legal battle in Illinois.

Although this case is six years old and garnered some media attention at the time, we recently came across it on Professor Jonathan Turley’s blog and couldn’t resist an opportunity to discuss it.

But before we get to the legal issues presented in this case, namely how a man can be ordered to support a child when his sperm was used without his knowledge, the soap opera-esque facts surrounding this situation deserve to be explained in greater detail.  Trust us.

It all began when Dr. Sharon Irons (an internist) and Dr. Richard Phillips (a family practitioner) began dating in January 1999. Dr. Irons led Dr. Phillips to believe she was divorced and within a few months, they became engaged. According to Dr. Phillips, the two discussed the possibility of having children and he made clear his intentions: that he did not want children until after they were married and any pre-marital sex would require the use of condoms. Throughout the course of their relationship, they engaged in only three instances of oral sex: they never went “all the way.”

On one of these intimate occasions, Dr. Irons did something rather remarkable: After fellating Dr. Phillips, she held his semen in her mouth (where it was suitable to sustain viability) and then inseminated herself with it. She did not inform Dr. Phillips of her actions.

Dr. Irons also never informed her boyfriend that she was, in fact, still married. Five months into their relationship, she confessed to Dr. Phillips that she was not divorced and he decided to end their relationship.

Fast-forward to November 2000, when, surprise! Dr. Irons slapped her surely stunned ex-boyfriend with court papers to establish paternity and child support for “their” daughter.

To quote Justice Scalia in 1989’s Michael H. majority opinion (a paternity case also dealing with convoluted family relations, although not as entertaining as here), “The facts of the case are, we must hope, extraordinary.”

Extraordinary they are, indeed. And while Dr. Irons’ act of stashing semen away definitely made for attention-grabbing headlines, the media focused more on the sexy- slash-crazy angle and less on the actual law. We decided to explore the legal claims advanced by the parties and the reasoning behind Dr. Phillips seemingly unjust obligation to support a child whose existence was beyond the realm of expectation.

In his suit, Dr. Phillips alleged the unauthorized use of his semen constituted actionable claims of fraudulent misconception, conversion and intentional infliction of emotional distress. A lower court dismissed these grievances, and he appealed.

The Appellate Court of Illinois found that a fraudulent misconception claim was only available for “economic” wrongs, and so dismissed this claim. (Dr. Phillips was suing for physical and emotional harms he alleged that he’d suffered as a result of Dr. Irons’ actions).

The court next turned its attention to the conversion claim. Conversion is “an unauthorized act that deprives a person of his property permanently or for an indefinite period of time.” The arguments on both sides of the conversion claim are worth noting.

Dr. Phillips argued that his ex-fiancé took his property, his sperm, without his permission to conceive a child. Dr. Irons countered by asserting the sperm was a gift: Dr. Phillips delivered it to her with the intention that she keep it because if he really wanted to retain his semen, he would have put on a condom and “kept its contents”.

The court agreed with Dr. Irons: Dr. Phillips cannot claim he was deprived of his property because he did not intend that the semen be returned.

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