A man being pursued for child support by the state in a sperm donor case is asking a judge to rule in his favor before a trial.

The Topeka Capital Journal reports an attorney for William Marotta of Topeka filed a motion Monday in Shawnee County seeking a summary judgment for his client.

The state wants Marotta to be declared the father of a child born to a lesbian couple after he donated his sperm. That would require him to pay child support. Marotta and the couple say they agreed he would have no parental responsibilities toward the child.

The state says the agreement between Marotta and the couple was invalid because they didn’t follow a state law requiring a physician to perform artificial insemination when sperm is donated.