by Long Island Attorney Paul A. Lauto, Esq.
A man who donated his sperm to a lesbian couple in response to a Craigslist ad, is now being sued by the state of Kansas to provide child support for the resultant 3 year old girl. The donation was made pursuant to a written agreement, in which the donor was to have no parental rights or liability for child support. Notwithstanding, Kansas law provides that sperm must be donated through a licensed physician in order for the donor to be absolved from any financial responsibility.
The case has gained national attention for its potentially widespread ramifications affecting every state. Shannon Minter, legal director for the National Center for Lesbian Rights, surmised that, "It certainly might have a negative effect on other men's willingness to help couples who need a donor, which would be harmful to everyone."
Although the Craigslist ad offered $50 for the donation, the donor in this case did it for free. The donor stated that he was simply tring to help a couple that wanted a child. The court must now decide whether or not the legally binding written contract between the parties, will prevail over a state law that appears to be selectively enforced.