Re: Wrongful Death Suit Allowed Over Embryo
From: art fougner, md (evsono@pipeline.com)
Sat Feb 26 16:10:48 2005
this case should cause many to rethink sperm donation.
art
At Sat, 26 Feb 2005, ainsron wrote:
>
>Your right, it is absurd, if that is the way she actually collected her
>sperm. How do you prove when two consenting adults have oral sex or vaginal
>intercourse? In the past, pregnancy and DNA proof were all that was
>necessary to convince the courts. Did she actually admit that she only had
>oral sex with him? It seems similar to the case where a couple collected
>and fertilized eggs for later implantation, divorced and then the woman
>unilaterally decided to go ahead with pregnancy then sued her partner for
>child support. According to the courts, once you donate the sperm - in a
>cup, in the mouth or in the vagina, the consequences are out of your hands
>and the child is your responsibility.
>
>Ronald E. Ainsworth
>
>-----Original Message-----
>From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Robert J.
>Carpenter, Jr. MD
>Sent: Saturday, February 26, 2005 10:40 AM
>To: Multiple recipients of list OB-GYN-L
>Subject: Re: Wrongful Death Suit Allowed Over Embryo
>
>This is perhaps the most absurd case I have read. Expectation analysis of
>depositing
>sperm in the mouth would not likely result in a pregnancy. The court should
>truly
>have looked at the fraud and deception and detrimental reliance of the
>"contract" -
>oral sex - and that paternity charges against him should not be allowed to
>go forth.
>The mother - MD needs a good psychiatric evaluation since she is exposing
>her child
>to potential for substantial emotional distress and reticule in the future.
>
>This is when the judgment of Solomon should be allowed and not the strict
>letter of
>the law!
>
>On 24 Feb 2005 at 15:56, ainsron wrote:
>
>> You play, you pay!!
>>
>> Ronald E. Ainsworth
>>
>> -----Original Message-----
>> From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of art
>> fougner, md Sent: Thursday, February 24, 2005 12:09 PM To: Multiple
>> recipients of list OB-GYN-L Subject: Re: Wrongful Death Suit Allowed
>> Over Embryo
>>
>> OK this is gettin crazy ...
>>
>> Man Can Sue Woman For Sperm Theft Distress
>>
>> Feb 24, 2005 10:03 am US/Central
>> CHICAGO (AP) A woman accused of using her lover's sperm to impregnate
>> herself without his knowledge can be held liable for the unwitting
>> father's emotional pain, the Illinois Appellate Court has ruled.
>>
>> http://cbs2chicago.com/cooler/local_story_055110537.html
>>
>> art
>>
>> --
>> art fougner, md
>>
>> "If you don't know where you are going, you will wind up somewhere
>> else."
>> Lawrence Peter Berra
>>
>Robert J. Carpenter, Jr. MD
>6624 Fannin, #2720
>St. Luke's Medical Tower
>Houston,TX 77030-2339
>713-795-4600
--
art fougner, md
"If you don't know where you are going, you will wind up somewhere else."
Lawrence Peter Berra
