QUESTION
Can I file for a lawsuit on mental anguish after paternity is establish?
Asked on Feb 03rd, 2013 on Child Custody - New Jersey
More details to this question:
I had an affair in which at that the time we had unprotected sex and the male had assured me that he had not ejaculated when I questioned him. Now that I am 8 weeks pregnant, he confirmed he had inseminated me unknowingly. I wish to seek a lawsuit stipulating after a paternity test confirms his fatherhood that he compensates for the paternity test and a termination of the pregnancy. I also wish to sue for mental anguish of some degree.
14 ANSWERS
Ronald A. Steinberg
You have to be kidding. Even if he does not completely ejaculate, if he produces any of the fluids that accompany the sperm (seminal fluids), there will be sperm in the liquid. It only takes ONE sperm in the presence of a certain necessary number to facilitate that ONE sperm to penetrate the cell lining of the egg cell. Simple biology. If you have unprotected sex, you will likely get pregnant. Under the circumstances, do you really want to go through the pregnancy. Do you really want to keep the baby if you do go through with it? What kind of a chance does the unwanted, unplanned child have, when not raised in a loving, 2 adult home. Do we need another screwed up kid growing up dysfunctional, who creates other dysfunctional kids. Boy, do you have some decisions to make!
Answered on Feb 12th, 2013 at 11:22 PM
You should contact an attorney knowledgeable in this area, such as myself, as soon as possible to evaluate your claim.
Answered on Feb 06th, 2013 at 1:09 PM
You can demand that he pay, but if he disputes paternity you will need to prove it. You can?t allege a battery because the sex was consensual. You might be able to allege fraud, but you will be required to prove that he knowingly lied to you, that you relied on the lie, and that you had resultant damages. It sounds like a difficult case.
Answered on Feb 06th, 2013 at 1:09 PM
James Eugene Hasser
There is no claim for wrongful life. Consensual sex is just that, consensual. There's a real question as to whether getting pregnant qualifies as an injury for which you can be compensated. Assuming for a moment that pregnancy does qualify, I think you would have a problem with the defense of assumption of risk. You take a risk with unprotected sex that you will get pregnant. If you assume a risk of injury in this state, you cannot recover, even if you were 1% at fault. Now, had he given you a STD that he didn't tell you he had, that would be an entirely different thing.
Answered on Feb 06th, 2013 at 1:09 PM
The father of a child is responsible for half the costs of the pregnancy and delivery and for child support after the child is born. Rather than terminate the pregnancy, you might consider carrying the child to term and placing the child for adoption.
Answered on Feb 06th, 2013 at 1:09 PM
If you assumed the risks associated with unprotected sex you may not have a claim. Nevertheless, the man will be responsible for child support if you give birth and file a paternity suit. It is unlikely that you can recover costs of terminating your pregnancy because you assumed the risk of becoming pregnant.
Answered on Feb 05th, 2013 at 12:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You probably cannot. You assumed the risk by your activities. I would suggest you seek his cooperation and assistance nicely.
Answered on Feb 05th, 2013 at 12:27 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I don't think any judge or jury will be too sympathetic with your situation as it takes two to tango and you willingly participated in having unprotected sex. This is why society preaches abstinence or use a condom. You did neither, and yet you now want to sue your sex partner because you got pregnant? That was the risk you took, just like him. Why would you have a paternity test if you intend to terminate the pregnancy? If you are having the test solely to assess liability on the father to pay for an abortion why don?t you simply ask him to pay his share? If you have had unprotected sex with multiple partners and you don't know who fathered this fetus, how can you possibly claim mental anguish from whoever the father is?
Answered on Feb 05th, 2013 at 12:26 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There are lawyers in every county who do a lot of domestic work. I suspect that is who you need. I don't know that you have a cause of action (case) until the child is born and he fails to support it . you engaged in the activity and now you want to hold the man responsible and force him to pay for care and services you desire. Very unusual set of circumstances and I don't know why a judge would rule in your favor. See the best domestic lawyer you can find and get his opinion.
Answered on Feb 05th, 2013 at 12:26 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The first issue is a medical question, that is, whether there can be a test performed at this stage that will establish paternity. If so, you can bring a petition in Family Court to force him to submit to a test. In New York, there is a statute that holds a father liable for the out-of-pocket expenses resulting from a pregnancy, which ostensibly could include the termination of the pregnancy. Other than that, I don't see the "mental anguish" aspect as being compensible, as both of you consented to the unprotected sex and should have a basic understanding of biology.
Answered on Feb 05th, 2013 at 12:25 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't see a case here (you can go to Family Court and seek child support if you give birth to the child). The reason I do not see a case is that you willingly engaged in the unprotected sex. However, the way you go about it is to contact attorneys and try to find one to take your case.
Answered on Feb 05th, 2013 at 12:25 PM
Why don't you just ask him to pay for it? Wouldn't that be the simplest way to handle this? Have you had sex with anyone else, because if you did it may complicate the evidence.
Answered on Feb 05th, 2013 at 12:25 PM
Someone's sexual partner has no duty to pay for an abortion or a paternity test. Nor would he have any liability for "mental anguish" because he - according to you - impregnanted you. Compensation for mental anguish is usually reserved for those extremely rare cases where someone does something absolutely outrageous, and the injured person can demonstrate with medical evidence an actual psychological injury. But if you do carry the baby to term, you should seek a consultation with a family attorney because you may need to file papers to establish paternity and for child support.
Answered on Feb 05th, 2013 at 12:24 PM
Commercial Contracts Attorney serving Boise, ID
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I don't think you can sue for wrongful life, but I may be wrong. Also, I have not heard of a paternity test until after the baby is born. I suppose if you terminate the pregnancy, you could get DNA from the remains and then sue. But I have a suspicion that you will not win because you were a willing participant and most people know that if you have unprotected sex you are likely to get pregnant.
Answered on Feb 05th, 2013 at 12:24 PM