State of Louisiana v. Frisard

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State of Louisiana v. Frisard, 694 So. 2d 1032 (La. Ct. App. 1997), established a legal precedent in the United States stating that a man is strictly liable for his sperm if he engages in consensual sexual contact. This includes being liable for child support, even if he does not have sexual intercourse with the child's mother. The Louisiana court heard that the woman in question, a nurse's aid, apparently met the man in a hospital while he was visiting a relative. She performed oral sex on the man while he wore a condom. After the act, and unknown to the man, she inseminated herself using a syringe with semen retained from the condom. After paternity was proven, the court decided that because the man intentionally engaged in a sexual act with the woman he was in fact liable to support the child.

In a similar ruling by the Swedish Supreme Court in October of 2005, a man donated sperm to a lesbian couple, fathering 3 children. After the two women separated, the mother demanded that the donor pay child support.

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