In The Interest Of R.C

775 P.2d 27 (1989)

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Nature of the Case

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Facts

F, the sperm donor, and M, the mother were unmarried. In 1985, M discussed with F the possibility of conception through artificial insemination. F agreed to be a sperm donor under an alleged promise of parental fatherhood F delivered the semen and M took it to her gynecologist and was inseminated. A second semen sample was requested, and that was used. M became pregnant, and her son was born in 1986. In August, M told F that he had no rights as a father of the boy and would only let F see the child if he signed a release of his parental rights. F refused to sign. F brought a paternity action alleging various incidents of the expectation of a paternal relationship. M filed for summary judgment; F's rights were eliminated by statute in that he was just a semen donor. F claimed that the statute did not apply to him in that he had an agreement to be part of the child's life with M and that under common law promissory estoppel, M should not be permitted to abrogate F's rights to be the parental father of the child. M's motion for summary judgment was granted. This appeal resulted.