![]() ![]() In a "landmark ruling" establishing the legal principle that a man's semen is his own property, Lord Chief Justice, Lord Judge, the most senior judge in England and Wales, ruled in favor of six unnamed men who sued the NHS for damages after their sperm samples were lost. She contrasts their status with that of voluntary sperm donors, who are exempt from child support liability. Lewis has written that male victims of contraceptive fraud, sexual assault, and statutory rape should not be "punished with child support liability, but instead receive compensation for the unauthorized use of their biological products." She argues that the policy of strict liability unjustly penalises male victims of sexual assault. In some cases, a victim of sperm theft can sue the perpetrator for emotional trauma inflicted. Courts are also thought to be reluctant to remedy such grievances as it would mean ruling that a child was born as a result of deception. Plaintiff arguments of tort liability for fraud or misrepresentation typically do not hold up. When the obligation to provide child support is challenged by men who allege that their sperm had been stolen or otherwise used to inseminate a woman without their consent, courts will typically enforce the doctrine of strict liability: namely, that a man is liable to support a child conceived with his sperm, irrespective of the circumstances of conception, including any criminal conduct on the part of the mother. Cases are usually reported in connection with disputes over child support. ![]() Legal status įorced fatherhood (namely a woman becoming pregnant against a man's will or without his consent) is not illegal anywhere. In a survey of 5000 women for the British magazine That's Life, 42% stated that they would lie about using birth control in order to get pregnant, in spite of the wishes of their partner. Research for the Centers for Disease Control and Prevention in 2011 found that approximately 10.4% (or an estimated 11.7 million) of men in the United States reported ever having an intimate partner who tried to get pregnant when they did not want to or tried to stop them from using birth control. The prevalence of imposed paternity is difficult to measure. Improper use of assisted reproductive technology – When a man's frozen sperm sample is used, without his permission, to fertilize an egg during IVF and other artificial insemination procedures.Non-consensual sexual intercourse – The sexual assault, rape or statutory rape of a man or boy that results in pregnancy.Sperm stashing – Occurs when a man's semen is obtained surreptitiously, such as from a discarded condom, and subsequently used to inseminate a woman.Definition įorced fatherhood falls into three main categories: It is considered an issue in the men's rights movement. It usually has no bearing on issues like child support. ![]() Stealing of sperm in itself without using it for successful insemination is not illegal and is difficult to prove. Although the term uses the word " theft", it more closely falls under a state of fraud or breach of contract. "Sperm theft" (also known as "unauthorized use of sperm", " spermjacking" or "spurgling" (a portmanteau of sperm and burgling), refers to a specific form of forced fatherhood where a males semen is collected without his consent. Forced fatherhood or imposed paternity, occurs when a man's semen is used, against his will or without his knowledge or consent, to inseminate a woman, it includes deception by a partner about their ability to get pregnant or use of contraceptives, birth control sabotage, and sexual assaults of males that result in pregnancy. ![]()
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