Sperm donors in New Jersey and across the nation might be outraged when they hear about the case of one sperm donor who is being sued by the state of Kansas for the 4-year-old child whose life he has never been responsible for. The man had agreed to provide sperm to a lesbian couple who wanted to have a child together. Before doing so, he and the couple drew up an agreement exonerating him of all parental duties and giving up his parental rights.
However, the state of Kansas contends that the agreement they drew up together is null and void since the couple did not perform the insemination procedure with a licensed doctor present. According to the attorney for the state, the couple used a catheter and syringe at a home in 2009 to artificially inseminate the mother of the child and because a doctor was not present, Kansas law was not followed. Therefore, the state says that the sperm donor, the biological father of the child, is liable for child support.
The donor says that he never exercised parental rights to the child. He has seen the child only twice in her life, once when she was born and again by chance at the Kansas State Fair. Yet, he never identified himself as the father. His attorney stated that the agreement he drew up with the couple is central to the case and that by coming after him for child support, the state is sending a message about traditional family values.
The attorney alleges that seeking only a male as the father of a child is discrimination on the base of gender. He says that although his client is the biological father of the child, he has never been involved in the child’s life and should not be liable for child support. A family law attorney who is experienced in paternity litigation may be able to help those facing similar child support issues.
Source: NBC News, “Kansas judge hears arguments in case of sperm donor sued for child support“, Jim Doblin and Matthew DeLuca, October 25, 2013