State Sues Sperm Donor for Child Support

January 15, 2013, by Law Offices of James V. Sansone
By Law Offices of James V. Sansone on January 15, 2013 8:00 AM |

babies.jpgHave you ever donated sperm? Are you presently considering either helping a friend or an acquaintance fulfill her dream of motherhood? If you are, you'll want to keep reading about what happened to a sperm donor from Kansas who is being sued by the state for child support.

How could that be possible?

A lesbian couple in Kansas used a sperm donor who responded to a Craigslist notice. The pregnancy was successful and a girl was born, who is now three.

All went well until the lesbian couple split up. The birthmother became ill, sought state financial aid and applied for state health insurance for the girl from the Kansas Department of Children and Families.

Before providing assistance for the child, the state demanded the father's name. The donor's name wasn't listed on the birth certificate so, feeling pressured, the birthmother revealed the donor's name. The state maintains that the signed waiver releasing the donor from the responsibility of parental support is invalid.

This problem arose because in Kansas the state doesn't recognize same-sex marriage. Therefore, the state maintains that the donor is the child's legal father and should bear financial responsibility for the needs of the child.

How to Avoid a Lawsuit for Child Support as a Sperm Donor:

  • Make sure the procedure is performed by a physician.
  • Ensure your contract is recognized by the state.
  • Only use a reputable sperm donor bank.
  • Ask your own attorney to review the paperwork, agreements and contracts you are asked to sign.

The Law Offices of James V. Sansone offers a full range of family law legal services including paternity. We are located in Santa Rosa, California and serve clients throughout Sonoma County, Mendocino County, and Lake County, including Santa Rosa, Petaluma, Cotati, Rohnert Park, Sebastopol, Healdsburg, Sonoma, Kenwood, Glen Ellen, Windsor, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, and Kelseyville.