Here Charitable Individualism is the key!… nothing less.

Posts tagged ‘sperm’


The issue of SPERM has gained a lot of importance these days!

A woman saved her boy friend’s sperm (without his knowledge) and after he split up with her, the woman , with the help of an in-vitro fertilization clinic, used the sperm, so stolen, and conceived. The clinic, in the US, sent the bill to the woman’s ex-boyfriend. This sending of the bill is without prejudice to the claims of child support that the ex-girlfriend is likely to raise in the courts!

In another case, a lesbian couple used a donor’s sperm to get themselves impregnated and now the Donor is facing paternity consequences of child support!

These are just 2 instances and the web is replete with such bizarre tales, that one cringes to even read the articles written on the topic!

In TORTS there is something called STRICT LIABILITY and ABSOLUTE LIABILITY and  in both the cases “mens rea’ does not apply- which means the action which happened need not be the one “intended’ by the defendant. But how it differs is that in STRICT LIABILITY it has to be shown that at the time the culpable act took place, the defendant was in control and therefore even though the act was unintended, the defendant caused it. Whereas in ABSOLUTE LIABILITY it is merely necessary that a particular thing “caused’  was because of a particular ‘defect’ or ‘action’ which facilitated the damage. Now that may not be clear- as it was not when I tried reading, therefore an example might bring clarity. In the OLEUM GAS LEAK  case decided by the Supreme Court of India, the following observation was made, which adequately explains ABSOLUTE LIABILITY!

We are of the view that an enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous nature of the activity which it has undertaken.
The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.
LIKEWISE, if the sperm’s “PRODUCER” is found to  be the father of the child, it is no answer that the man had never cohabited with the woman who claims to be the mother of the child! So, ABSOLUTE LIABILITY is on!
Things have come to such a pass that men are forced to keep their “stuff” to themselves and take extra care to dispose of the “sperm”, so that they do not get slapped with paternity suits and child maintenance! According to the EVIDENCE ACT of INDIA, in paternity suits the accused could show that he had not cohabited with the mother or that he could not have had access to the woman during the period prior to her pregnancy . But with the new law raising such issues, man has to become very careful otherwise wily women could bleed men with such devices!

Marital asset!

The above link provides the cause of a woman who has gone to court stating that the donor of one’s own sperms has to take the consent of one’s wife, as she claims that her husband’s sperm is a MARITAL ASSET!

Whenever we talk of assets we have to see who has the TITLE to it; who is in POSSESSION of the ‘asset’; who is ENJOYING it and finally whether the owner/possessor/enjoyer of the ASSET has the power to ALIENATE and if so to what extent.

Let us take the issue of the TITLE to the SPERMS: a man’s body produces it and is stored in his own body and he therefore is the producer, storer and dispenser of the ‘asset’. But does this change when a woman gets married to a man- Does she acquire the TITLE to it? No, not at all. The woman could have entered into a marital contract /sacrament which entitles her to socially present the man as her husband and where polygyny is allowed, the woman becomes a co-wife of the man and neither individually nor collectively does the WIFE ACQUIRE A RIGHT to the TITLE to the husband’s body or the ‘produce’ therefrom! She just has the LICENSE to co-habit and demand MAINTENANCE to her and the children fathered by him through her.

The wife at no time becomes a POSSESSOR of the man because of her marriage to him. There was a time when the wife was thought of to be a chattel to her husband, and this has changed. Further, as per most of the EVIDENCE ACTS of various countries in a LIBERAL MODE, there is a presumption that the child born during the subsistence of a marriage the husband is presumed to be the father of the child born during the marriage (except when the man is able to prove that he did not/could not have stayed with her in the last 10 months!). This is almost a CONCLUSIVE PROOF! Why this section is in the statutes? Because, even if the woman had played the whore, if the man was designated as her husband, for the sake of the welfare of the child, the husband should be made the FATHER! When such presumptions are available for women, in the name of ‘child’s future’, the wife cannot claim custodianship for her husband’s sperms.

At best a wife could be called the ENJOYER as a licensee to the benefit of the sperms of the husband as she has a right to have physical intimacy with her husband, but that does not alter her status to a TITLE HOLDER or a POSSESSOR of the ‘asset’.

Further, gone are the days when a human being or his/her body parts/secretions could be called as ANY OTHER PERSON’S ASSET. The INTEGRITY of a human body has been assigned to each individual and no one can later that under any sane law.

The reason forwarded by this woman is that if the man were to donate sperms, the biological children may turn up in a future date and disturb the FAMILY PEACE1 How specious! Don’t we know how our own N D TIWARI had fathered a son outside his wedlock and the son got a court decree stating that N.D Tiwari was his “father”? Family peace could be destroyed even by other means and there are no guarantees applicable on this count.

This whole issue of wanting the court to declare SPERM as a MARITAL ASSET is one of those slimy agendas of the women’s lib to shackle men and curb MAN’s LIBERTIES.

This blogger is well aware of WOMEN who go on the sly and DONATE EGGS and make extra bucks on the sides. Even though the procedure for egg donation might be elaborate, there have been reported instances where the woman has gone and donated her own eggs for consideration or for other reasons! Plz read this item below on egg donation- they make it look so regulated, but clinics have field day on this .

From gender equality, women seem to have launched on one-up-womanship! At least let humans give the liberty to individuals to dispose of their body ‘produce’ as each wishes, without gender classification.

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