State of Louisiana v. Frisard
State of Louisiana v. Frisard, 694 So. 2d 1032
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (La.App. 5 Cir. 4/29/97), established a legal precedent in Louisiana stating that a man is strictly liable for his sperm
A spermatozoon is a motile sperm cell, or moving form of the haploid cell that is the male gamete. A spermatozoon joins an ovum to form a zygote...

 if he engages in consensual sexual contact. This includes being liable for child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...

, even if he does not have sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...

 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 established 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 legal burden of proof 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 him in a hospital while he was visiting a relative. He further alleged that she performed oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...

 on him while he wore a condom
A condom is a barrier device most commonly used during sexual intercourse to reduce the probability of pregnancy and spreading sexually transmitted diseases . It is put on a man's erect penis and physically blocks ejaculated semen from entering the body of a sexual partner...

. 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
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...

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.
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