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.
If you have any questions about family law or domestic relations issues, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.
[1] Conley v. Romeri, 60 Mass. App. Ct. 799 (2004).
[2] Id., at 803.
About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
Damian Turco’s Bio Page | More Blogs from Damian Turco
This article is for informational purposes only and should not be interpreted as legal advice. Articles on our blog are written at a historical point in time and the information presented accurately reflects the law at the time of the article’s writing. If you’d like to better understand how the law applies to your case, schedule an attorney consultation by calling any of our offices or by clicking the Schedule a Consultation link on this page.