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State wants child support from sperm donor

A Kansas man who donated sperm to a lesbian couple after answering an online ad is fighting the state’s efforts to suddenly force him to pay child support for the now 3-year-old girl, arguing that he and the women signed an agreement waiving all of his parental rights.

The case hinges on the fact that no doctors were used for the artificial insemination. The state argues that because William Marotta didn’t work through a clinic or doctor, as required by state law, he can be held responsible for about $6,000 that the child’s biological mother received through public assistance – as well as future child support.

Angela de Rocha, spokeswoman for the Kansas Department for Children and Families, said that when a single mother seeks benefits for a child, it’s routine for the department to try to determine the child’s paternity and require the father to make support payments to lessen the potential cost to taxpayers.

Marotta, a 46-year-old Topeka resident, answered an online ad in 2009 from a local couple, Angela Bauer and Jennifer Schreiner, who said they were seeking a sperm donor. After exchanging emails and meeting, the three signed an agreement relieving Marotta of any financial or paternal responsibility.

But instead of working with a doctor, Marotta agreed to drop off a container with his sperm at the couple’s home and the women successfully handled the artificial insemination themselves. Schreiner become pregnant with a girl.

Late last year, after she and Bauer broke up, Schreiner received public assistance from the state to help care for the girl.

The Kansas Department for Children and Families filed a court petition against Marotta in October, asking that he be required to reimburse the state for the benefits and make future child support payments. Marotta is asking that the case be dismissed, arguing that he’s not legally the child’s father, only a sperm donor.

A hearing is set for Tuesday.

Marotta told The Topeka-Capital Journal that he is “a little scared about where this is going to go, primarily for financial reasons.” His attorney didn’t immediately return a phone message yesterday from the Associated Press.

Court records show that Marotta, Schreiner and Bauer signed an agreement in March 2009, with the women agreeing to “hold him harmless” financially. The agreement also said the child’s birth certificate would not list a father.

But the state contends the agreement isn’t valid because a doctor wasn’t involved.

Legacy Comments1

How can the State prove that they actually used the sperm he donated? I guess a DNA test would be in order here. Is Contract Law null and void in that State? Seems to me the poor guy should win. Just saying.

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