When William Marotta of Kansas decided to help a lesbian couple by being a sperm donor, he never thought it would land him in the middle of a child support case. But five years later he may end up paying for his action. Marotta met the couple via Craigslist in March 2009. He delivered three cupfuls of his sperm –gratis—to the women. Their daughter was born in December 2009.
Child Support Ruling in Sperm Donor Case
Shawnee County District Court Judge Mary Mattivi ruled that Marotta must pay child support even though he alleges he signed documents waiving his parental rights, because he failed to conform to Kansas law. The law upholds that a licensed physician must be involved in the artificial insemination process. Court documents show that the lesbian couple that Marotta helped performed the artificial insemination procedure at home.
When it Became a Child Support Case
The parents separated and due to an illness one of the women stopped working and applied to the state for help. Soon after the state contacted Marotta for child support. Officials in Kansas were not persuaded by the agreements that Marotta allegedly signed prior to the donation stating that he would assume no financial responsibility for the child. Furthermore, the agreement does not apply because a physician did not perform the insemination. But Marotta says, “I didn’t know that there was no doctor involved.”
Child Support Payments
Marotta’s lawyer, Ben Swinnen, says the state is asking for $4,000 to recoup the money spent on the case, but also that Marotta pay child support, which could run into tens of thousands of dollars. Swinnen feels the Kansas court has thrown out a lot of Marotta’s challenges under the guise of statutory interpretation of the law that requires a licensed physician to be present during the insemination process.
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Law Offices of Korol and Velen, Certified Family Law Specialists