An Illinois Appeals Court ruled that a man can pursue a claim for emotional distress after a former lover allegedly performed oral sex on him, saved the sperm, used it to have a baby, and then filed a paternity lawsuit that resulted in an award of $800 per month.
The Court said, however, that the man can’t claim theft because the sperm were hers to keep. And why were the sperm hers to keep? Well, they were hers because after the woman received ‘delivery’ of his sperm, they were “a gift - an absolute and irrevocable transfer of title to property from a donor to a donee.” This means the woman was free to do whatever she wanted with the sperm because “there was no agreement that the original deposit would be returned upon request.”