Add a comment On Monday, the Supreme Court denied cert. in a case in which a sperm donor sought to have a Kansas court declare him the legal father of the children born to a woman who had been inseminated with his sperm by and through a licensed physician. Under Kansas law:
The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor’s wife is treated in law as if he were not the birth father of a child thereby conceived, unless agreed to in writing by the donor and the woman.
In this case the sperm donor sought to have the statute declared unconstitutional on the ground that it denied him the equal protection of the laws on account of his sex, and that it violated the substantive due process rights secured by the 14th Amendment inso far as it deprived him of a fundamental right of paternity. The Kansas Supreme Court declined to find the statute unconstitutional, and the U.S. Supreme Court chose not to review the case on Monday. For more on the case, see Nancy Polikoff’s blog.
