lawrocket 3 #51 February 25, 2005 QuoteOK, so if I donate sperm and it gets used to create a child...I have to pay child support? The answer is a likely "yes." I believe there was a case a few years back in Pennsylvania that held this. The issue here is whose rights trump whose? IN Cali, at least, the policy is that the child's rights trump the parents' rights. Look. The child had no choice whether it was gonna be born. Heck, Sam Kinison did a great job explaining that. One way or another, things were done that caused a guy's sperm to meet with an egg and cause a baby. The courts in child support actions care not what the relationship between the parents is. The courts instead look at the child's right to be supported. Who's gonna support the child? If it goes to court, the natural parents will. But the father had no intention of even conceiving a child. So what. The child gets support. Why? The child's needs usurp the father's or mother's needs. Like it or not, the policy is in favor of the child. Now, the states have gone too far many times holding those who had nothing to do with parenting the child responsible (usually via default judgment). What the father here is doing in suing the mother literally has nothing to do with the child. So, the court's will allow these actions. But it will not allow the unintended father to escape support in most instances. QuoteMy rulling would be that the emotional stress would be paid monthly and always equal the amount of child support due. This would be improper. Measuring his distress should be independent of any other action. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
happythoughts 0 #52 February 25, 2005 So...next year, a person works in a hotel and finds the hair of a professional baseball player on the pillow. She uses the DNA to have a child. Child support is based on the difference in the annual pay of the two parties. Is she now entitled to $10K a month in child support? It is his DNA. He left it there and was obviously through with it. If this "oral sex" precedent is used, it will be not fun to be a rock star any more. I predict the end of the music industry. Quote Share this post Link to post Share on other sites
Ron 10 #53 February 25, 2005 QuoteOne way or another, things were done that caused a guy's sperm to meet with an egg and cause a baby. Intent is a lot. If I accidentaly kill someone, I am not charged with murder. If I have some DNA floating around, and some crazy uses a turkey baster to get pregnant...It was not ME that got her pregnant. I can understand the need to support the child...However what this woman did was criminal in my opinion. She took something offered and used it in a way that it was not intended when it was given. Then she is asking for him to pay for the result of her actions using the material against the intended purpose. QuoteQuote -------------------------------------------------------------------------------- My rulling would be that the emotional stress would be paid monthly and always equal the amount of child support due. -------------------------------------------------------------------------------- Quote This would be improper. Measuring his distress should be independent of any other action. Improper is expecting a guy to pay for a kid that he did NOT produce. His act resulted in a situation that in NO WAY would produce a child. Her actions were above and beyond what would normally happen. Making him pay for her actions is improper."No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334 Quote Share this post Link to post Share on other sites
lawrocket 3 #54 February 25, 2005 What you are saying may, unless laws change, do exactly that. I'm personally going to buy stock in turkey baster companies... My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
lawrocket 3 #55 February 25, 2005 First - HA! We both posted "turkey baster" at the same time. QuoteMaking him pay for her actions is improper. I agree. it sucks. But the general policies favor the child over the parent. In other words, the states generally seem to view it as "it's not fair that the child should suffer from not receiving any support from the father." If the father wins, the child loses. In a choice between the father and the child (which is what this child support action was all about) the father will lose EVERY TIME! My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Ron 10 #56 February 25, 2005 QuoteIn a choice between the father and the child (which is what this child support action was all about) the father will lose EVERY TIME! Yes, but in this case the "Father" is a crazy woman and a turkey baster."No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334 Quote Share this post Link to post Share on other sites
happythoughts 0 #57 February 25, 2005 QuoteWhat you are saying may, unless laws change, do exactly that. I'm personally going to buy stock in turkey baster companies... The addendum to that story? The mother will go on Jerry Springer and whine that the father wants nothing to do with "his" child and be profiled as a heartless bastard. In Florida, the owner of a big ranch died (before DNA testing). Over 40 women showed up with kids that were claimed to be by the deceased. Personally, I think two may have been possibles. I fear that this will be the new sport. Instead of slipping on the floor of the grocery mart and suing for 10 mil, it will be getting the kids of rich people drunk and having sex. Since an unborn child can't sign away its right to support, a pre-sex waiver signed by the mother would be meaningless. Quote Share this post Link to post Share on other sites
ryoder 1,590 #58 February 25, 2005 QuoteSo...next year, a person works in a hotel and finds the hair of a professional baseball player on the pillow. She uses the DNA to have a child. Child support is based on the difference in the annual pay of the two parties. Is she now entitled to $10K a month in child support? It is his DNA. He left it there and was obviously through with it. If this "oral sex" precedent is used, it will be not fun to be a rock star any more. I predict the end of the music industry. ...or you will see a lot more musicians with shaved heads, (and bodies)."There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones. Quote Share this post Link to post Share on other sites
Dougiefresh 0 #59 February 25, 2005 QuoteShe admitted to giving oral and taking it out and using it to get pregnant. Where? When? Quote 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. All we have is he said- she said. QuoteIf I have vaginal intercourse even WITH protection I am taking a risk You're taking a risk EVERY time you have any kind of sex. If I don't want to run the risk of having a kid, my semen delivery tool isn't getting out of my pants. I'm especially not going to splash my semen all over the place. Accidents happen, and if he didn't take the fact that he was running the risk into account, no one can be blamed but him. Just because he didn't EXPECT her to get pregnant, doesn't mean that he could assume she wouldn't. That's not to defend the actions of this woman if the story is true. I just think this guy should take responsibility for the life he helped create.Human beings, who are almost unique in having the ability to learn from the experience of others, are also remarkable for their apparent disinclination to do so. --Douglas Adams Quote Share this post Link to post Share on other sites
diablopilot 2 #60 February 25, 2005 QuoteShe blew him, kept the stuff, impregnated herself later, and then sued for paternity. And thinks it's NOT outrageous. I am astounded. Ditto.---------------------------------------------- You're not as good as you think you are. Seriously. Quote Share this post Link to post Share on other sites
diablopilot 2 #61 February 25, 2005 Quotewould you still say that it's a load of crap? errrr....uhhhh....Bill? It's a *different* kind of load.---------------------------------------------- You're not as good as you think you are. Seriously. Quote Share this post Link to post Share on other sites
diablopilot 2 #62 February 25, 2005 Quote"Here, I'm just going to pinch your nose... c'mon, it uh, turns me on after head... there we go... down the hatch..." OMG---------------------------------------------- You're not as good as you think you are. Seriously. Quote Share this post Link to post Share on other sites
n23x 0 #63 February 25, 2005 QuoteI just think this guy should take responsibility for the life he helped create. This is just a rediculous statement. If he had intercourse, then yes, he is responsible. Otherwise, absurd. He didn't help create anything but a sticky mouth. She knocked herself up. See hair arguement above. .jim"Don't touch my fucking Easter eggs, I'll be back monday." ~JTFC Quote Share this post Link to post Share on other sites
justinb138 0 #64 February 25, 2005 Quote You're taking a risk EVERY time you have any kind of sex. True, but one of the risks of oral sex isn't pregnancy. Quote If I don't want to run the risk of having a kid, my semen delivery tool isn't getting out of my pants. I'm especially not going to splash my semen all over the place. I not going to either. I wish more people had the same opinion. Quote Accidents happen, and if he didn't take the fact that he was running the risk into account, no one can be blamed but him. Accidents do happen, but this wasn't one of them ( if what he says is true). Quote Just because he didn't EXPECT her to get pregnant, doesn't mean that he could assume she wouldn't. Yes it does, in this case at least. Quote That's not to defend the actions of this woman if the story is true. I just think this guy should take responsibility for the life he helped create. He didn't help create it, but it was his DNA that was used. If I give you a tank of propane for your grill, and you turn around and make it into a bomb, am I responsible for the bomb? He didn't help create the child, he just provided the tools. I don't think the guy has a chance of winning the case, as it cannot be proven that he never had intercourse with her. I've heard that she never admitted to what he is accusing her of, and it would be virtually impossible to prove even if she actually did it. The child is a product of his DNA, regardless of how it got there, hence the child support. The burden of proof now lies with him to prove the method she used to become pregnant, and I doubt that he can. Quote Share this post Link to post Share on other sites
dgskydive 0 #65 February 25, 2005 QuoteI think it's stupid too. But if the same man had sex with the same woman, and the woman claimed to be using 100% effective birth control - would you still say that it's a load of crap? Birth control or not, you play the game ou take the chances. DO if you are using birth control and there is vaginal penetration that results in pregnancy, then you get what you get and deal with it. Now, getting a blow job? That woman went out of her way to use his spream. Sneeky bitch. I feel bad for the kid and the guy. I can see how this would cause problems for the guy. Now he has to deal with this child for the rest of his life and by all rights he shouldn't have one. Tricky situation. I guess the definition of a father is in question here. Technically he is the dad, but the way she got pregnant........... I agree with what someone else posted. He may as well have donated to a sperm bank. I don't think he shoudl be responsilbe for that child in anyway what so ever. I think the mother should be made to treat this just like she got sperm from the bank and had a baby on her own. I think she had a lot of nerve sueing him for child support.Dom Quote Share this post Link to post Share on other sites
Ron 10 #66 February 25, 2005 QuoteYou're taking a risk EVERY time you have any kind of sex. If I don't want to run the risk of having a kid, my semen delivery tool isn't getting out of my pants Show me ONE case of where oral sex lead to a pregnancy without actions like this case....ONE QuoteAccidents happen, and if he didn't take the fact that he was running the risk into account, no one can be blamed but him. This was NOT an accident. An accident is the pill didn't work or the condom broke. QuoteJust because he didn't EXPECT her to get pregnant, doesn't mean that he could assume she wouldn't. Agin, show me ONE case where normal oral sex lead to a pregnancy...ONE. QuoteI just think this guy should take responsibility for the life he helped create. He did not "help" create it. No action of his would have lead to a child being born. That would be like me killing someone with a car you owned and let me borrow while totally sober and calm and them blaming you for the murder I commit with it."No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334 Quote Share this post Link to post Share on other sites
Dougiefresh 0 #67 February 25, 2005 QuoteNo action of his would have lead to a child being born. Except ejaculating. Your entire argument is based on the assumption that it happened the way he said it happened, and that it was an intentional act by her. I just don't believe that it couldn't have been an accident, and he's just trying to duck responsibility.Human beings, who are almost unique in having the ability to learn from the experience of others, are also remarkable for their apparent disinclination to do so. --Douglas Adams Quote Share this post Link to post Share on other sites
justinb138 0 #68 February 25, 2005 QuoteQuoteNo action of his would have lead to a child being born. Except ejaculating. Thas makes no sense whatsoever. Quote Your entire argument is based on the assumption that it happened the way he said it happened, and that it was an intentional act by her. I just don't believe that it couldn't have been an accident, and he's just trying to duck responsibility. I don't think anyone would argue that it wasn't his responsibility if he did have intercourse with her. If he didn't, and what he said is true, then the whole deal is really f*cked up. There is a likely possibility that he is trying to duck responsibility though, and I doubt he has any chance at winning the case. Quote Share this post Link to post Share on other sites
dgskydive 0 #69 February 25, 2005 QuoteThere is a likely possibility that he is trying to duck responsibility though, and I doubt he has any chance at winning the case. Seems to me all he needs to prove is that he wasn't anywhere near her when the child was conceived. If he can show and prove that he wasn't with her and having sex with her at the time she got pregnant then he coud win. My ex-wife got pregnant while we where seperated waiting on our divorce.. She didn't tell me and was going to the Military hospital using her ID card to get pre natal care. Once I found out and was able to prove that I was in Germany and she was in the states at the time of conception and I was free and clear.Dom Quote Share this post Link to post Share on other sites
happythoughts 0 #70 February 25, 2005 After all, this is a bj thread. We can't avoid mentioning the most famous bj in these discussions. Quote Share this post Link to post Share on other sites
happythoughts 0 #71 February 25, 2005 Let's say that I get some of Paris Hiltons hair off a hotel pillow (it could happen ). I partner with a fertility company. She is going to be worth 300 mil. I'm could set up an Ebay bid thing. "Have kids with Paris and you are set for life" Guys could contribute sperm and use a surrogate mother. Girls could get sperm donors and be the surrogate mother. Set up for 20 "units". Paris is the mother and financially responsible for the children of those people. The return would be $20K a month for 18 years. How much could I get for "them"? Quote Share this post Link to post Share on other sites
justinb138 0 #72 February 25, 2005 Quote Seems to me all he needs to prove is that he wasn't anywhere near her when the child was conceived. If he can show and prove that he wasn't with her and having sex with her at the time she got pregnant then he coud win. The basis for his argument is that they were having oral sex, so I don't think it would do him any good to prove that (I don't think he could anyway) If he is making it up though, I gotta give him credit for being creative. Quote Share this post Link to post Share on other sites
Nightingale 0 #73 February 25, 2005 You can be charged with murder if you kill someone accidentally. However, it would depend on other circumstances, like if you were committing a felony like a robbery, and someone accidentally got shot. I think, like in the case of murder, in the case of the "stolen sperm", the court should look at the outside circumstances. As with murder, if there is no intent and no outside circumstances (had sex but she forgot her pill or something), I don't think the guy should be held responsible. The actions of getting pregnant would be entirely the woman's in this case, and therefore, I think she should bear all the responsibility. Quote Share this post Link to post Share on other sites
Rebecca 0 #74 February 25, 2005 You must be an entrepreneur!! Then again, that's a lot of trouble. Just do her - everyone else does. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
lawrocket 3 #75 February 25, 2005 Quote don't think the guy should be held responsible. The actions of getting pregnant would be entirely the woman's in this case, and therefore, I think she should bear all the responsibility. Again. That's not the issue. The child is the prevailing interest. The child had nothing to do with it, so daddy pays up. Daddy's choice is a separate lawsuit for indemnity against the mother. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
