DCG posted: " Kansascity.com: A man who provided sperm to a lesbian
couple in response to an online ad is the father of a child born to one of
the women and must pay child support, a Kansas judge ruled Wednesday.
Topeka resident William Marotta had argued that h" Respond to this post
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New post on *Fellowship of the Minds*
<http://fellowshipoftheminds.com/author/dcgere/> Judge rules that Kansan
who provided sperm to lesbian couple owes child
support<http://fellowshipoftheminds.com/2014/01/27/judge-rules-that-kansan-who-provided-sperm-to-lesbian-couple-owes-child-support/>
by
DCG <http://fellowshipoftheminds.com/author/dcgere/>
[image: child
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Kansascity.com<http://www.kansascity.com/2014/01/22/4769468/judge-rules-kansas-sperm-donor.html>:
*A man who provided sperm to a lesbian couple in response to an online ad
is the father of a child born to one of the women and must pay child
support*, a Kansas judge ruled Wednesday.
Topeka resident William Marotta had argued that* he had waived his parental
rights and didn't intend to be a father*.
Shawnee County District Judge Mary Mattivi rejected that claim, saying *the
parties didn't involve a licensed physician in the artificial insemination
process and thus Marotta didn't qualify as a sperm donor*, The Topeka
Capital-Journal reported.
"In this case, quite simply, *the parties failed to perform to statutory
requirement of the Kansas Parentage Act in not enlisting a licensed
physician at some point in the artificial insemination process*, and the
parties' self-designation of (Marotta) as a sperm donor is insufficient to
relieve (Marotta) of parental right and responsibilities to the child,"
Mattivi wrote.
The Kansas Department for Children and Families filed the case in October
2012, seeking to have Marotta declared the father of a child born to
Jennifer Schreiner in 2009. *The state's objective was to hold Marotta
responsible for about $6,000 in public assistance the state provided, as
well as future child support*.
Marotta opposed that action, saying he had contacted Schreiner and her
partner at the time, Angela Bauer, in response to an ad they placed on
Craigslist seeking a sperm donor. *He said he signed a contract waiving his
parental rights and responsibilities.*
*Attorneys for the state contended the contract was moot because the
parties didn't follow a 1994 Kansas law requiring a licensed physician to
perform the artificial insemination when donors were involved.*
During oral arguments at a hearing in October, Timothy Keck, co-lead
counsel for the state, said the case focused on child support.
Marotta's attorney, Benoit Swinnen, cited several court rulings that he
said support the argument that Marotta is legally a sperm donor and not
required to pay child support. *Swinnen also argued that the Kansas statute
doesn't specifically require the artificial insemination to be carried out
by a physician.*
Court documents show Schreiner indicated she didn't know the name of the
donor or "have any information" about him in her application for child
support. However, a sperm donor contract between Marotta and the couple
includes his name, and the agency noted the couple talked about their
appreciation for him in an interview with The Capital-Journal.
A filing Wednesday by the Department for Children and Families *argues the
sperm donor contract overlooks "the well-established law in this state that
a person cannot contract away his or her obligations to support their
child."*
The right for support belongs to the child, not the parents, the filing
says.
The agency said it also received different versions of the donor contract
from Marotta and Schreiner, suggesting that the document "may be invalid on
its face."
"We stand by that contract," Swinnen said. "The insinuation is offensive,
and we are responding vigorously to that. ... There was no personal
relationship whatsoever between my client and the mother, or the partner of
the mother, or the child. Anything the state insinuates is vilifying my
client, and I will address it."
DCG
*DCG <http://fellowshipoftheminds.com/author/dcgere/>* | January 27, 2014
at 3:45 am | Categories:
Children<http://fellowshipoftheminds.com/?cat=34928689>,
Gays <http://fellowshipoftheminds.com/?cat=35219924> | URL:
http://wp.me/pKuKY-p6L
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