terça-feira, 8 de março de 2005

Esperma: propriedade, uso e abuso

"A judge made a wise decision indeed in a rather complicated case connected with illegal use of sperm. A man sued his ex-girlfriend, when he found out that she had secretly used his sperm to conceive a child. The judge ruled that the woman's actions could not be viewed as criminal, because the man had given his sperm to her on a voluntary basis.
Dr. Richard Phillips sued Dr. Sharon Irons several years ago. Phillips said that his former girlfriend, Irons, deceived him by stealing his own semen that she obtained through oral sex. The woman subsequently used Phillips's sperm to get pregnant without his knowledge. The two lovers had parted by that moment, and Richard Phillips knew nothing about the baby.
The ex-girlfriend also surprised her former boyfriend. Sharon Irons filed a paternity suit seeking monthly allowance for the baby. That was the moment, when Phillips learnt that he was a father. The doctor was ordered to pay $800 a month to support his child.
Richard Phillips in his turn accused his former lover of "calculated, profound personal betrayal" and required a compensation for the moral damage. Irons did not plead guilty, having said that she did nothing bad for her former partner. The woman added that Pillips's anguish could not be considered a reason for a lawsuit. The court agreed with Irons's arguments, but Pillips refused to give up and filed an appeal.
The Illinois Appeals Court has finally acknowledged the rightfulness of the deceived man. The court ruled that Sharon Irons had a sexual affair with Richard Phillips to obtain his semen. Oral sex eventually resulted in pregnancy, which is obviously impossible, and testifies to premeditated fraudulent intentions of the woman, the court said. The judge added, however, that it was not correct to accuse Irons of sperm theft. Ejaculation was a gift of the plaintiff. Furthermore, there was no agreement that the original deposit would be returned upon request, the decision said
".

[in Pravda]

Um bom mote de reflexão acerca do direito de propriedade, do uso e abuso. Mais uma das tais "questões civilizacionais" a reflectir.

ADENDA: ver também aqui, aqui e aqui.


j.marioteixeira@sapo.pt