If you are sleeping and a woman masterbates you in your sleep collects your sperm and impregnates herself?

Question

1. Is it your child considering the fact that it wasne't in your knowledge at that time.

Lets say a woman broke into your house. You have no knowledge of her and she masterbates you and collects your sperm and DNA. She impregnates herself and does a DNA test showing that it is yours.

Answer 1

Firstly it can be consider sexual assault, and this is of course a criminal offence. However I dont think that is the answer you are looking for.
I am curious to how such a case would come about, but first there are several issues: First, whether there is intent to cause finanacial loss through fraud, whether a child born out of a sexual assault is the parent's, if so whether there is a legal obligation for the parent to recognise the child and lastly specific on the facts, whether such a child is owed maintenance by the father, despite no contact with the mother, whom only wanted the father as a doner, or wish to commit a malicious fraud.

If a baby is born from a sexual assault then yes then the "parent" is legally recognised, however in such cricumstance the option of the child becoming a ward of the state is made available and the parent is removed of all legal obligation. However generally when this occurs the other partner (being male) can not be contact and has no interest in the child, such a option is for the benefit of the female. Though in this case it remains persuasive. There are two lines of thought, whether the woman wanted it for the purpose of having a child only, or with intent to fraud.
Generally, there is a standard procedure and contract (an whatever else) absolving the doner of rearing cost of a child, one could argue by the conduct of both parties (minus the assault) that the male is only a doner and the subsequent conduct of the female reaffirms this. If there is intent to fraud, then without going into explanation that would be taken into account and in that circumstance the interpretation of the doners role would be applied to the male. Obviously commiting fraud is bad and it is unlikely that the courts would award the mother for a criminal act or a intentional tort to inflict financial loss. So to question 1. Biologically yes, Legally no, but if I am wrong a remedy is available in ward of state option to absolve you of legal responsibility.

Answer 2

I heard this on a talk show with a law expert the other day. Yes, it is indeed the child and you are legally the father. If she takes the sperm to a doctor, on the other hand, and the doctor impregnates her with the sperm she has collected while you were sleeping, then technically it is artificial insemination and you may have a case there that you are not legally responsible.

Answer 3

It is your child because of DNA, and it also is still technically s*x.
Also, the thing is still a very impossible scenario, just because the sperm won't go in chances are.

Answer 4

Are you sure thats how it happen? If so..thats a hard question to answer. Now days..there alot of guys that ry anything they can to get out of being a father..that would take the cake boy!

Answer 5

You watch too much Law and Order SVU. This was on an episode of the show.

Answer 6

Yes it's your child, it's your sperm. What were you doing in bed with her in the first place?

Answer 7

yes it is but I don't feel that he will have to support the child under those circumstances because she under handily stole his sperm and impregnated herself.

Answer 8

Just try to explain that to the judge, he hasn't had a good laugh all week.

Answer 9

dna test will confirm

Answer 10

No jury will ever accept that explanation.

Sorry - It's still your child.