...can she make the dude pay child support if she can prove paternity?

Just curious.

Don't know about other states, but in california...unfortunately yes.

I've always wondered why the dudes who get into porn don't all have a vasectomy before getting into the business of fucking young, fertile girls for a living. That'd be the first thing I'd do.

Egad, JRV, like a true snake lawyer, knows his shit. The Model release would need to be totally revised to include some VERY specific language addressing the issue of potential fertilization, among other issues (and even then it is probably semi-worthless), such that to call it a "Model Release" at that point would be absurd....more like a fucking product/trade disclaimer .... (ahem):

"We the pimps Aint 'sponsible fo no bitches' buns in no motherfuckin ovens dat cum out of this here cooking show we about TWO TAPE....so if you as LIKE A STUPID BITCH AND GET YOUR ASS FERTILIZED, that be your problem. This aint the motherfuckin' Breakfast Club we be tapin', you aint Molly Ringwald and there aint no millionaire Andy Mccarthy running around or even a guy named "DUCKY" WITH FUCKED UP WHITE BOY HAIR, we aint got no Fresh Horses, and there aint nobody gonna be taking no motherfuckin' bitches to no motherfuckin' PROM, ok?"

Never thought of three John Holmes flicks and porn whore pregnancies together. Pretty In Paternity Suits mash-up much?

This is an interesting situation. I did some research and could find nothing remotely on point.

I image that paternity could be proven and child support would be instituted. Support can even be required of a rapist in California ...

Here's a snippet from a California case that dicusses the issue of child support being paid by a rapist.

"At oral argument, the Attorney General pointed to a 1997 Report of the Assembly Committee on Public Safety, which in discussing a proposal to require registration for persons convicted of unlawful sexual intercourse, queried: “How many [teenage] mothers would want the father of their child to plead guilty to statutory rape and be subject to a [lifetime] registration requirement?” (Assem. Com. on Public Safety, Rep. on Assem. Bill No. 1303 (1997-1998 Reg. Sess.) Apr. 22, 1997, p. 4.) The Attorney General asserts that the possibility of pregnancy distinguishes voluntary sexual intercourse from voluntary oral copulation, because requiring the father to register as a sex criminal might stigmatize both the mother and the child, and might harm the father’s ability to support his child."

It uses the word "harm" not prevent so therefore support would be required of a rapist if for some religious belief the mother did not want to terminate the pregnancy.

As for the release, its probably a good to add a clause noting that the performer waives any right to bring a claim for the unintended pregnancy.

It might also be a work comp situation since it did occur during the performance of a work related duty.

Either way, it is most likely that multiple parties would pay for the doctor's bills (the studio/insurance comp), the child support (the father) and possibly lost wages (the studio/ insurance comp).

Michael
AdultBizLaw.com

here is an interesting release---

http://www.ounique.com/site/modelreleaseHD.htm


if pornlaw could comment on the whole STD/HIV terminology