In the Interest of K.M.H.
Supreme Court of Kansas
169 P.3d 1025 (2007)
S.H., an unmarried woman, underwent artificial insemination in Missouri using sperm from her unmarried male friend D.M., without any written agreement about D.M.'s role in the resulting child's life; S.H. gave birth to twin daughters. After a falling out, D.M. claimed an oral agreement to serve as the twins' father, while S.H. filed a child-in-need-of-care action and D.M. filed to establish his genetic paternity and parental rights. The district court dismissed D.M.'s claim, applying Kansas's artificial-insemination statute — which provides that, absent a written agreement otherwise, a sperm donor for a woman other than his wife has no parental rights to the resulting child — and upholding it as constitutional. D.M. appealed.
Whether a state artificial-insemination statute requiring a written agreement for an unmarried mother and a known sperm donor seeking recognized fatherhood violates the Equal Protection Clause or Due Process Clause.