Sunday, February 27, 2005

Grounds for a Paternity Suit

The Associated Press reports on a suit for emotional distress, but passes over what I would consider the bigger story here. Link.
(Dr. Richard O) 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.

The article is about Phillips suing Irons for emotional distress. It is only as background that we learn of the ridiculous paternity verdict. If that logic were to be followed, a sperm donor for artificial insemination can be sued for paternity, since it is obvious that Dr. Irons artificially inseminated herself with Dr. Phillips' sperm.. In the current suit, an appeals 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."

Where was the common sense of this appeals court when the paternity suit was heard?


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