Suppose that a partner in a committed relationship (but not marriage) wants to have children. The other partner undergoes surgery that prevents them from having children in the future. However, they neglect to inform their partner. This leaves the partner under the impression that pregnancy is possible, possibly waiting in vain.
When the partner discovers the truth, what legal recourse does he or she have? Would the partner have entered the relationship if they knew pregnancy was impossible? Could this be fraud, misrepresentation, emotional distress, or betrayal?
According to a Massachusetts appellate case, no such claims exist.
In Conley v. Romeri, a former girlfriend brought suit against her ex-boyfriend, alleging that she was misled into having an intimate relationship with him. [1]The boyfriend had undergone a vasectomy previously, but did not inform the plaintiff. In fact, the boyfriend made comments to the plaintiff that suggested otherwise: he remarked about “getting her into trouble;” noted that he had been “tricked” by his ex-wife into getting pregnant and told the plaintiff not to betray him in that way; and even told the plaintiff that a fortune teller once told the defendant he would have two additional children.
After finding out about the defendant’s vasectomy, the plaintiff sued for fraud, infliction of emotional distress, and assault and battery. She claimed she wouldn’t have entered an intimate relationship if she knew about the vasectomy. The defendant knew her desire for children and the limited time she had to become a biological mother.
The Appeals Court noted: “[T]here is no recognized standard of conduct by which we reasonably can assess the materiality of the alleged misrepresentation in a context such as the present case.” [2] Furthermore, the Court found that the defendant’s conduct did not rise to the level of “extreme and outrageous conduct” usually required in emotional distress cases, and that there was no battery, as the plaintiff consented to the sexual activity.
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[1] Conley v. Romeri, 60 Mass. App. Ct. 799 (2004).
[2] Id., at 803.