The Kansas Supreme Court has denied a request to remove the judge from the case of a Topeka man who donated sperm to a lesbian couple.

The state has been seeking to have William Marotta declared the father of the couple’s child so he can be forced to pay child support. The state started pursuing the case in 2012 after the couple split up and one of the women applied for state health insurance for the child.

Marotta claims he signed a contract waiving his parental responsibilities.

The Topeka Capital-Journal reports court documents show the state Supreme Court has denied a request from Marotta’s lawyer to remove Shawnee County District Judge Mary Mattivi from the case.

A status hearing on the case is set for Aug. 18.