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In the Interest of K.M.H.

169 P.3d 1025 (2007)

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In the Interest of K.M.H.

Supreme Court of Kansas

169 P.3d 1025 (2007)

Facts

S.H., an unmarried woman wanted to become pregnant through artificial insemination (AI). D.M., an unmarried male friend of S.H., agreed to be the sperm donor. There was no formal written contract between the parties regarding the role D.M. would play, if any, with the child. As a result of the artificial insemination process, which took place in Missouri, S.H. became pregnant and gave birth to twin daughters. Thereafter, S.H. and D.M. had a falling out and D.M. claimed he had an oral agreement with S.H. to act as the twins’ father. S.H. filed a consolidated child in need of care (CINC) action. D.M. filed an action to determine that he was the genetic father of the twins and had paternal rights. The district court granted S.H.’s motion to dismiss holding that the Kansas’s artificial insemination statute was controlling and constitutional. The statute stated that unless the donor and the woman agreed otherwise in writing, the donor of semen for use in artificial insemination of a woman other than the donor’s wife does not have any parental rights to the child thereby conceived. D.M. appealed.

Rule of Law

Issue

Holding and Reasoning (Beier, J.)

Dissent (Hill, J.)

Dissent (Caplinger, J.)

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