Man Sues Mate for Becoming Pregnant Against His Will

Their romance was typical, even classic. Peter Wallis and Kellie Smith met at work, fell in love, shared an apartment. But when Smith discovered she was pregnant, the fairy-tale ending didn’t come.

Instead, the couple split up, and now, a year after their baby girl was born, Wallis is making history: He is suing Smith for becoming pregnant against his will, accusing her of “intentionally acquiring and misusing” his semen when they had sexual intercourse.

Wallis says Smith promised to take birth-control pills but then quit without telling him, essentially forcing him into a role he did not choose: fatherhood and the child support that inevitably follows. Smith said she became pregnant accidentally while on the pill.

Wallis, 36, of Albuquerque, said the lawsuit is essentially about fraud. Both he and Smith talked about birth control early in their relationship, he said.

Smith, 37, said the couple didn’t discuss any agreement that she would go on the pill, but she does say that she told Wallis that was her intention. About a year ago, Smith gave birth to her daughter, Taylor.

Wallis has not yet set a figure for the damages he is hoping to win from Smith.