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Slacker & Steve's Blog

You Be The Judge: Unexpected Dad

A man got his girlfriend pregnant. The girlfriend said she was taking birth control the entire time.  She had a baby a year ago and she wants child support.  He is suing her for breach of contract and conversion of property because she misused his sperm.  He wants her to pay him for the economic injury he will incur for having to support a child for the next 18 years. But if she was on birth control, how did she have a baby?  Many people think he has a case because she lied.  There are consequences for lying and breaching a verbal contract.  It's basically entrapment.  Or do you think he should have done everything in his power to prevent a pregnancy, meaning, he shouldn't have had sex with her if he didn't want to have a kid? He protected himself by asking her if she was taking birth control, she said "yes", so if she lied then she breached a verbal contract. Do you think he has a case?  If you were on the jury would you side with him? 

Steve right off that bat believes that this woman is in the wrong and deserves all the charges.  Slacker thinks that there is a little more to look at because breaking a verbal promise (given the situation) doesn't deserve someone being sued.  For example:  If you agree to going to someone's party and then do not show up, can you be sued for not coming?  How different is that from our baby issue?

I feel like a case involving a verbal contract can be very hard to prove.  What if the woman wasn't sober when the contract was made, then the contract is void because she was impaired.  But at the same time, this is a huge deal leading to a lot of emotional and financial woe.  I would like to side with the man, but honestly, I'm not sure if the court will side with him on this one....

Do you think the man has a case?

Keep it Classy,
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07/25/2012 6:25PM
You Be The Judge: Unexpected Dad
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07/26/2012 9:25AM
Birth control isn't 100%
There is no 100% to birth control. In our case, I was on the pill, but i still ended up getting pregnant. Sometimes other medication can get in the way of how effective birth control can be. I think he needs to man up and take some responsibility. If he REALLY didn't want the chance of possibly getting her pregnant, he should have "doubled" up on the birth control and wore a condom!
07/29/2012 10:24PM
I'm tired of women getting away with murder, and I am a woman.
If it can be proven that she lied about being on the pill, he should not be forced to support the child. If she was actually on the pill but still got pregnant (and this happened to me), then he should support the child. It is not fair for men NOT to have a choice if the woman outright lied to him. If it can be proven she lied, then he should have the choice if he wants to be involved or wants to relinquish all parental rights (no child support either).
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