State of Louisiana v. Frisard

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State of Louisiana v. Frisard, 694 So. 2d 1032 (La.App. 5 Cir. 4/29/97), established a legal precedent in Louisiana 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.

According to the defendant's own testimony, he only engaged in protected oral sex with the mother and denied intercourse. He further claimed that although he never witnessed it, she must have artificially inseminated herself with his sperm in the condom.

However, in her petition, the mother claimed they both engaged in intercourse in 1983. More than 10 years later, paternity was further establish by using DNA testing, which resulted in 99.9994% probability of paternity.

The Jefferson Parish trial court heard from all the witnesses and found that the mother did establish by a preponderance of the evidence that he was in fact the father of the child. The court heard testimony from the defendant father that the woman in question, a nurse's aid, apparently met the him in a hospital while he was visiting a relative. He further alleged that she performed oral sex on him while he wore a condom. He then claimed that after the act, and unknown to him, 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.