IN RE K.M.H.

No. 96,102.

169 P.3d 1025 (2007)

In the Interest of K.M.H., a child under age eighteen, and K.C.H., a child under age eighteen. In the Matter of the Paternity of K.C.H. and K.M.H., by and through their next friend, D.H., Appellant, and S.H., Appellee.

Supreme Court of Kansas.

October 26, 2007.


Attorney(s) appearing for the Case

Kurt L. James, of Topeka, argued the cause and was on the briefs for appellant.

Susan Barker Andrews, of Topeka, argued the cause and was on the briefs for appellee.

Linda Henry Elrod, Distinguished Professor of Law and Director, of Topeka, was on the brief for amicus curiae Washburn University School of Law Children and Family Law Center.

Timothy M. O'Brien, of Shook Hardy & Bacon. L.L.P., of Overland Park, was on the brief for amicus curiae Family Law Professors.


The opinion of the court was delivered by BEIER, J.:

This appeal from a consolidated child in need of care (CINC) case and a paternity action arises out of an artificial insemination leading to the birth of twins K.M.H. and K.C.H. We are called upon to decide the existence and extent of the parental rights of the known sperm donor, who alleges he had an agreement with the children's mother to act as the twins' father.

The twins' mother filed a CINC petition...

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