# Unauthorized use of sperm

**URL:** <https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748>\
**Category:** Great Debates\
**Created:** [February 24, 2005, 7:24pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748 "2005-02-24T19:24:13Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![The\_Devil\_s\_Grandmother](https://avatars.discourse-cdn.com/v4/letter/t/74df32/32.png) [@The\_Devil\_s\_Grandmother](https://boards.straightdope.com/u/The_Devil_s_Grandmother)\
**Post date:** [February 25, 2005, 12:39am UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/21 "2005-02-25T00:39:25Z")

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> [@danceswithcats](#):
>
> Didn’t we beat this issue up [here](http://boards.straightdope.com/sdmb/showthread.php?t=298837&page=1&pp=50&highlight=child+support)?

We sure did. I woke up that zombie with the link to current CNN article (also linked above) but apparently this thread was more interesting. \<shrug\>

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**Author:** ![ZebraShaSha](https://avatars.discourse-cdn.com/v4/letter/z/eada6e/32.png) [@ZebraShaSha](https://boards.straightdope.com/u/ZebraShaSha)\
**Post date:** [February 25, 2005, 12:47am UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/22 "2005-02-25T00:47:54Z")

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Somehow, someway, I am skeptical. Doesn’t sperm die off pretty quickly once it leaves the body? She would have to keep it in her mouth, take off, and put it into something safe. Then again, she probably had this whole thing planned out and had the materials/containers/whatever ready, in which case I’m too touchy.

In any case, I don’t think anyone could be in that mans position with his motions. With such weird circumstances, it is just too hard to fellate.

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**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\
**Post date:** [February 25, 2005, 1:13pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/23 "2005-02-25T13:13:18Z")

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“_to use plaintiff’s sperm in an unorthodox, unanticipated manner_”

Unanticipated, sure. But using sperm to become pregnant might not be considered unorthodox. It is pretty much the raison d’etre of sperm. I think the guy is getting the short end of the stick, but he has a lot of precedent to fight. If a guy screws a woman the good ol’ fashion way and she gets pregnant without his knowledge, he’s held responsible. I think the difference is that this guy had reasonable expectation of no pregnancy. After all, the woman had to take extrordinary steps to deliberately impregnate herself. Without his knowledge or implied permission. I think that would be a reasonable defense on his part.

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**Author:** ![Rufus\_Xavier](https://avatars.discourse-cdn.com/v4/letter/r/eada6e/32.png) [@Rufus\_Xavier](https://boards.straightdope.com/u/Rufus_Xavier)\
**Post date:** [February 25, 2005, 7:10pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/24 "2005-02-25T19:10:39Z")

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> [@Rufus Xavier](#):
>
> when plaintiff ‘delivered’ his sperm, it was a gift

Anyone else thinking “Doper gift exchange!!!”

OK, probably not.

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**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\
**Post date:** [February 25, 2005, 8:48pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/25 "2005-02-25T20:48:09Z")

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> [@Antigen](#):
>
> Permits! They should have to pass a test and qualify for a permit!

They could call them “Spermits.”

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**Author:** ![LouisB](https://avatars.discourse-cdn.com/v4/letter/l/dfb087/32.png) [@LouisB](https://boards.straightdope.com/u/LouisB)\
**Post date:** [February 25, 2005, 8:54pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/26 "2005-02-25T20:54:05Z")

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The woman claims they had good old-fashioned intercourse and she became pregnant as a result. The guy has to prove she performed oral sex and used to semen to impregnate herself. Unless he has the entire thing on tape, I doubt he can do it.

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**Author:** ![The\_Devil\_s\_Grandmother](https://avatars.discourse-cdn.com/v4/letter/t/74df32/32.png) [@The\_Devil\_s\_Grandmother](https://boards.straightdope.com/u/The_Devil_s_Grandmother)\
**Post date:** [February 25, 2005, 11:37pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/27 "2005-02-25T23:37:36Z")

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I’d just like to chime in and say _The Raison d’Etre of Sperm_ would be a great name for a novel.

You da’bomb, Hypno-Toad. If I come to a dopefest can I lick your back?

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**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\
**Post date:** [February 26, 2005, 12:41am UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/28 "2005-02-26T00:41:39Z")

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If red birds have little red babies  
And blue birds have little blue babies

What kind of bird has NO babies?  
See, the joke just doesn’t work anymore.

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**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\
**Post date:** [February 26, 2005, 2:22pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/29 "2005-02-26T14:22:12Z")

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So women have the choice whether or not they want to be mothers, but men don’t have the choice in whether or not they want to be fathers?

If, as Philips claimed, they only engaged in oral, then he had no reason to believe she would become pregnant from that. She went to extra lengths to impregnate herself with his “gift.”

She’s a sneaky, slimy woman and I feel sorry for that baby.

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**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\
**Post date:** [February 26, 2005, 2:38pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/30 "2005-02-26T14:38:29Z")

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> [@](#):
>
> So women have the choice whether or not they want to be mothers, but men don’t have the choice in whether or not they want to be fathers?

Yes fathers are sort of an oppressed group.

The choice does exist before the child is conceived, but only women still have the choice to after the child is conceived.

What really gets me is if a man is raped and she get pregnant, he can still be held responsible.

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**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\
**Post date:** [February 26, 2005, 3:24pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/31 "2005-02-26T15:24:14Z")

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> [@kanicbird](#):
>
> What really gets me is if a man is raped and she get pregnant, he can still be held responsible.

Well, I would think so. And in so many ways.

But in this case, Philips is claiming he engaged in a sex act that no reasonable person would believe would lead directly to a pregnancy.

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**Author:** ![sleeping](https://avatars.discourse-cdn.com/v4/letter/s/839c29/32.png) [@sleeping](https://boards.straightdope.com/u/sleeping)\
**Post date:** [February 26, 2005, 3:27pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/32 "2005-02-26T15:27:22Z")

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> [@TeaElle](#):
>
> And more justification is given to the position that sexual acts should be reserved for those in committed relationships based on mutual trust, honesty and openness.

_Or_ for those who participate in totally anonymous sexual encounters.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 26, 2005, 4:35pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/33 "2005-02-26T16:35:19Z")

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Moving this from IMHO to Great Debates.

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**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\
**Post date:** [February 26, 2005, 5:29pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/34 "2005-02-26T17:29:08Z")

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But what if she needs to feed her fish?!

_runs_

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [February 26, 2005, 6:43pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/35 "2005-02-26T18:43:52Z")

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Which is more likely, a man and a woman have vaginal sex and conceive a child

OR

Woman has oral sex with man, saves up sperm, inseminates self, and gets pregnant?

Sorry, but I’m gonna go with Occam here.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [February 26, 2005, 7:02pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/36 "2005-02-26T19:02:32Z")

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> [@Left Hand of Dorkness](#):
>
> Because the child needs someone responsible, and the courts have decided that the biological parents are by default the folks responsible for the kid.
> 
> Daniel

Well then, the joke’s on the kid. The mother is psychotic and the father is trapped in a nightmare.

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**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\
**Post date:** [February 26, 2005, 7:20pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/37 "2005-02-26T19:20:29Z")

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> [@](#):
>
> Well, I would think so. And in so many ways.

Perhaps you misread me, or maybe I’m missing something. I’m talking about if the woman forces the man to have sex with her against his will.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [February 26, 2005, 7:35pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/38 "2005-02-26T19:35:56Z")

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Not entirely on topic, but I found a great article reviewing similar cases. [Here](http://www.divorcesource.com/research/dl/paternity/99jan1.shtml) it is.

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**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [February 26, 2005, 8:33pm UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/39 "2005-02-26T20:33:47Z")

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That’s a good article. And it asks a very pertinent question…

> [@](#):
>
> Where will the strict liability theory of sperm lead?

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**Author:** ![Tenar](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@Tenar](https://boards.straightdope.com/u/Tenar)\
**Post date:** [February 27, 2005, 3:03am UTC](https://boards.straightdope.com/t/unauthorized-use-of-sperm/291748/40 "2005-02-27T03:03:33Z")

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I envision nervous guys having their sperm frozen for future use and held in high security facilities, then being sterilized. Highly unlikely, but not impossible if the Courts are going to hold guys responsible for children conceived by them while they’re unconscious.

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