A Tel Aviv court has ruled a woman tricked a man into
thinking she was infertile and then "stole his sperm" to get
pregnant. She was ordered to pay her ex-partner NIS 110,000 ($31,000) in
damages.
The milestone verdict in the city's Magistrate’s Court last
week is a break with previous so-called sperm theft rulings. Courts have
typically rejected petitions by men seeking exemption from providing child
support because they had not anticipated pregnancy.
The case involves a man and the women who had a sexual
relationship ten years ago. The man brought the case to court claiming his
ex-partner had persuaded him not to use contraception because she was
infertile. She detailed fertility treatments she had undergone. The
relationship ended after two years and the man went on to meet another women.
On the eve of his wedding to the new woman, his ex-partner
told him she was pregnant. When he refused to recognize paternity, she pursued
child support in court. He was compelled to pay by previous rulings, but the
legal battle lasted for years until a new judge ruled in his favor.
The man charged in court that in pursuing recognition and
child support, his ex-partner harassed his family and “destroyed everything” he
had built. She denied all his claims but Judge Hannah Yenon found his story
more convincing.
“The plaintiff did not anticipate that the defendant would
become pregnant and genuinely believed that she was infertile,” Judge Yenon
wrote in her verdict. “The behavior of the defendant constitutes the commission
of an unjust act of ‘sperm theft.'"
The judge offered some reprieve to the defendant reducing
the compensation sought by the plaintiff saying she does not deserve the
"full weight of blame."
Even though the chances of conception seemed
"slim," he should have considered the possible outcome of having sex
with her without using contraception, the judge said.
The judge ruled the woman pay the defendant NIS 75,000
($21,000) in compensation, and an additional NIS 35,000 ($10,000) penalty for
invasion of privacy.
No comments:
Post a Comment