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Sperm donor asked to pay child support

On behalf of Harper, Evans, Hilbrenner & Netemeyer

Jan 16, 2013

In a unique case involving a father’s rights and responsibilities, the state of Kansas asserted that a sperm donor who provided material to impregnate a lesbian woman must now pay child support for the baby that he helped to create. The decision has set off a backlash of controversy, with some claiming that the state is politically motivated in its decision.


The Topeka man answered a Craigslist advertisement soliciting sperm donations for a lesbian couple who wanted to have a baby together. The man agreed to give the women his sperm, donating it free of charge according to his testimony. He delivered the sperm to the women and also allegedly signed an agreement stating that he would not have any financial responsibility in regard to the child once it was born.


However, when the lesbian couple separated and the custodial mother became ill, she applied to the state for financial assistance. The state, in turn, contacted the sperm donor for child support payments. State officials said that they were unsatisfied that the agreement between the donor and the mother was as he claimed since the two women did not use a doctor to document the sperm donation. Had they done so, the donor would have officially had no parental rights and had no requirement of child support.


Artificial insemination by a doctor can be very expensive, with a single attempt costing as much as $3,000. This means that some would-be mothers may attempt the procedure at home. Now, the state has singled out a relatively anonymous sperm donor to pay child support in such a case. A family law attorney will represent the donor as he attempts to fight for his legal rights in this matter.


Source: CNN, “Kansas hits up sperm donor for child support,” Jan. 5, 2013

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