There are situations in which a woman intentionally begins having sexual relations with a man and shortly thereafter becomes pregnant without his knowledge—due to an intense desire to become a mother at any price. The man is then in a helpless situation: he is forced to be the father of an unplanned baby that he didn’t want, and is certainly not interested in providing for him/her. This is a known phenomenon known as sperm theft. In such a situation, the man has the option to sue the woman for sperm theft. This raises numerous questions including: Who decides on the continuation of the pregnancy? Is it the man’s decision, the woman’s or the court’s? Is the woman or the man obliged to undergo a tissue analysis? Are there signed agreements that absolve the father of all commitments to the child? What are the man’s rights in cases of sperm theft?
When a man claims that a woman with whom he has had a short-term, noncommittal sexual relationship has intentionally become pregnant, the courts determine that since the man decided, of his own free will, to be a partner in sexual activity, he must take responsibility for his deeds. Therefore, the woman can decide alone on whether she wants to continue the pregnancy or, perhaps, have an abortion. When a suit of sperm theft is filed with the court, it takes into account the welfare of the child regardless of the existing relationship, or its nature, between the parents. In such a case the father will be obliged to pay alimony to the woman, just as in a standard divorce case, and provide for the child’s needs. In the event the man refuses to fulfill his commitments as the father, the woman can file a suit with family court in order to rule on his paternity. The father can demand a tissue analysis, a standard and legitimate test that the courts typically approve. In the event the situation is the opposite and the man refuses to undergo the test, he cannot be forced to take it; however his refusal can be used as evidence by the court in determining that he is indeed the father. In such a case the man has the right to file a claim of sperm theft and demand monetary compensation, on the grounds that he was deceived by the woman who told him she was using contraceptives. Most suits of sperm theft are not accepted by the courts since the man has a hard time proving decisively that the woman deceived him because she intentionally wanted to become pregnant.