A Topeka sperm donor is currently in a legal battle against the state of Kansas to keep from being declared the legal father of the child resulting from his sperm donation. A January 8, 2013 hearing is scheduled in Topeka, Kansas, and he is hoping to have the case dismissed. If he loses, he will be obligated to pay child support, which is why the state went after him to begin with. The family fell on hard times and sought assistance after illness struck the primary wage earner.
The states case rests largely on the it’s requirement to have only a licensed physician perform the artificial insemination.
Far from the first case of this nature, it is similar to the logic which allows states to declare rapists as legal fathers, not only seeking support, but often also giving them equal parental rights.
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Interesting and ironic,…they can go after rapists and sperm donors, but shy away from investigating absent fathers and don’t follow the rules under Family law (Canada),….that was 32 yrs. ago,…very sad!! SAD as in ridiculous,….and to think I also put him through school which led him to where his now,…a Hell of a lot better off than his son and I!!!!!
I can see pursuing a rapist, who is a criminal and should suffer as many consequences as possible for their crime. But a sperm donor? This could have a very chilling affect on all sperm banks, and render many families that need fertility treatment childless. Who would donate if they knew the State could come after them later? What happens to the family if this dad, now legally declared father by state, sues for visitation and custody? Esp. if he is now very wealthy, presents as a better option for child, and pursues it to eliminate child support payments. And if something happens to mom- this man would immediately retain full custody, unless the man raising the child formally adopts- which would alleviate child support, too. I really hope this gets tossed out.