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Court: Man Can Sue for Distress Over Surprise Pregnancy, but Sperm Were Hers to Keep

The Associated Press

February 25, 2005

An appeals court has ruled that a man can press a claim for emotional distress after learning a former lover had used his sperm to have a baby, but that he can't claim theft, because the sperm were hers to keep. Richard O. Phillips said Sharon Irons secretly kept semen after they had oral sex, and then used it to get pregnant. The Illinois appeals court found that there was no agreement between the parties that the plaintiff's "original deposit would be returned upon request."

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