In a case that has grabbed headlines in Colorado and across the nation, a man who donated sperm to a same-sex couple so that they could have a child has been sued for child support by the state of Kansas. After the female couple had posted a request on Craigslist to which the man responded, the parties entered into a contract under which it was agreed that he would have no parental obligations towards the child, who is nearly four years old. The two women have now since separated and are going through a period of financial difficulty.
The couple used a catheter and syringe to impregnate one of the women with the donated sperm. Kansas state law requires an artificial insemination to be performed by a licensed physician. The state Department of Children and Families is now claiming that the absence of the presence of a doctor renders the contract invalid and is asking for thousands of dollars in back child support.
The donor acknowledges that he is the biological father of the child but says that he has only seen her twice. He has not been involved in any aspect of her life and has never identified himself as her father. His attorney is taking the position that the contract is indeed valid and binding, and said that the state is taking its position solely to promote “traditional family values”. The attorney went on to state his belief that recent rulings by courts in Kansas and other states may indicate that the state’s position contending that only a male can be a father may be discriminatory.
The parties have asked the judge to issue a summary judgment, and a ruling is expected within 60 days. However, because of possible appeals, it may take another two years before this family law issue is ultimately resolved.
Source: NBC News, “Kansas judge hears arguments in case of sperm donor sued for child support“, Jim Doblin and Matthew DeLuca, October 25, 2013
