Sowing seeds of yet more lunacy

SEMINAL is not a word often seen in newspaper headlines. In this instance it drew the eye back to the page - "Seminal case of ownership to go before US judges."

This adjective is sometimes favoured by reviewers in newspapers, not by sub-editors, who tend to cross it out. As used by reviewers, the word describes something highly original or at the root of a trend; as used in the above headline, it reverts to its original meaning of relating to seed or semen.

The headline refers to another of those batty American court cases which could not possibly happen here - but probably will, as we have a tendency to catch unpleasant American complaints.

A woman's right to choose to be a mother has long been a political issue in Britain and the States. After this weird court case, the issue could be turned on its head to answer the question: does a man have the right to choose to be a father?

A court in Albuquerque, New Mexico, yesterday began hearing the case of Peter Wallis versus Kellie Smith. This former couple used to see eye to eye, and more besides, but are now locked in a most unusual legal dispute.

Wallis maintains that Smith, his former girlfriend, intentionally became pregnant during their relationship - even though they had both agreed she would take the birth control pill. In his court claim, Wallis accuses Smith of "intentionally acquiring and misusing" his semen during their relationship. He believes, if you like, that she did not keep her part of the arrangement - and became pregnant with his semen, but without his permission. He therefore accuses her of breach of contract, fraud and conversion of property.

Kellie Smith's response, naturally enough, is that she became pregnant by accident - and she counters that the semen was a gift. And, of course, a gift that cannot be returned.

This dispute, which sounds like it should be a hoot, is built round just the sort of peculiar scenario favoured by American legal dramas such as Channel 4's Ally McBeal. The thought of stern-faced attorneys putting forward contrary arguments as to who exactly owns the decanted sperm certainly has comic promise.

Some men's groups in the US see this as a defining case in their battle to reduce women's control over conception and its consequence. For women's groups, on the other hand, this is a test case for fathers seeking to avoid paternity suits.

My own property was converted without fraudulence into three children, and I'm not complaining, though I don't remember ever signing anything agreeing to having yo-yos whizzing dangerously about my head at all times of the day.

What is interesting about this bizarre court case is that a man is suddenly becoming precious about what our gender has traditionally been happy to share with sometimes reckless enthusiasm.

As to women, it is true that they should always take the ultimate precaution: don't have a complete jerk for a boyfriend.

IT'S NOT often you see a smiling scrum of black faces on the front of the Evening Press. How cheering, then, that the African Children's Choir should hold the top slot on Tuesday - but what a shame they had to be there at all.

This acclaimed choir gave an impromptu rendition of the hymn, Jesus My Redeemer during a visit to York Minster. When permission was sought for them to sing again, a Minster official said that was only possible following a written request giving 28 days' notice.

Canon John Toy later denied that 28 days' notice was required, but added that it was only courteous for advance notification to be given. Some visitors have no manners whatsoever. Fancy wanting to sing a hymn in a church. How sad that such talented children should travel the world, only to run up against the worst sort of petty officialdom in York Minster.

26/11/98

Converted for the new archive on 30 June 2000. Some images and formatting may have been lost in the conversion.