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theweaselkingCan a man escape this liability if he has neither the intent to have sexual intercourse nor the intent to make a baby? The answer is no. So long as a man engages in an intimate sexual act resulting in his depositing of his sperm with a woman who then becomes pregnant, he is liable for child support.
In State of Louisiana v. Frisard, 694 So. 2d 1032 (La. Ct. App. 1997), the mother and father of the child for whom support was sought met in a hospital while the father was visiting an ill relative. The mother was a nurse's aid who has access to a variety of medical equipment. The mother offered to perform oral sex on the father, and, in the words of the father, "as ... any male would, I did not refuse[.]" 694 So. 2d at 1035. The mother had the father wear a condom. The mother then removed the condom for the father, and unknown to the father, she inseminated herself with the father's sperm using a syringe.
The Louisiana court, noting that the probability of paternity was 99.9994%, held the father's testimony that he "had some sort of sexual contact with the plaintiff around the time frame of alleged conception, although he denied that they had sexual intercourse" was sufficient to prove paternity. 694 So. 2d at 1036. This fact of paternity obliges a father to support his child. 694 So. 2d at 1034. In essence, because the father intentionally engaged in a sexual act resulting in his deposit of sperm with the mother, he is liable for child support
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I'm going to have to start blowtorching the leftovers to protect the purity of my precious bodlily fluids, here.
(Oh, and they've even ruled that in the case of him being *raped*, he still owes child support payments. American courts are FUCKED UP.)
In State of Louisiana v. Frisard, 694 So. 2d 1032 (La. Ct. App. 1997), the mother and father of the child for whom support was sought met in a hospital while the father was visiting an ill relative. The mother was a nurse's aid who has access to a variety of medical equipment. The mother offered to perform oral sex on the father, and, in the words of the father, "as ... any male would, I did not refuse[.]" 694 So. 2d at 1035. The mother had the father wear a condom. The mother then removed the condom for the father, and unknown to the father, she inseminated herself with the father's sperm using a syringe.
The Louisiana court, noting that the probability of paternity was 99.9994%, held the father's testimony that he "had some sort of sexual contact with the plaintiff around the time frame of alleged conception, although he denied that they had sexual intercourse" was sufficient to prove paternity. 694 So. 2d at 1036. This fact of paternity obliges a father to support his child. 694 So. 2d at 1034. In essence, because the father intentionally engaged in a sexual act resulting in his deposit of sperm with the mother, he is liable for child support
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I'm going to have to start blowtorching the leftovers to protect the purity of my precious bodlily fluids, here.
(Oh, and they've even ruled that in the case of him being *raped*, he still owes child support payments. American courts are FUCKED UP.)
(no subject)
Date: 2005-02-25 06:55 pm (UTC)(no subject)
Date: 2005-02-25 07:29 pm (UTC)Yet.