A Separated lesbian couple have both been summoned to testify on behalf of a sperm donor, with whom they had made a written agreement, but who was ordered to pay child support after they split up.

A Kansas judge recently ordered William Marotta, a sperm donor to a lesbian couple, to pay child support after they split up, raising questions of how the law protects sperm donors.

Mr Marotta and the couple he donated to did not use official channels, and instead met up using the website Craigslist, and wrote up their own agreement.

Because the US state of Kansas did not have a legal way for same-sex couples to marry, when the couple split up, the Kansas Department of Children and Families sought out the biological father of the child, Mr Marotta, for child support.

The court clerk’s office at Shawnee County District Court issued subpoenas on Wednesday for Angela Bauer and Jennifer L Schreiner.

Reports suggest that the women have been ordered to appear on 15 February, in order to give depositions to an attorney for William Marotta, HutchNews reports.

Laws in other states, such as New Jersey are similar to those in Kansas, said Bari Weinberger, a leading family law attorney, and managing partner of Weinberger Law Group.

He said that the judge could legitimately rule that the contract written up by Mr Marotta, and the former couple was void, because they did not use official channels to complete the agreement.

Mr Weinberger said that these definitions, and the liability of people in relationships with children in their care to pay child support, needed to be updated and clearly laid out.