Kansas Forces Sperm Donor to Pay Child Support

Kansas Wants Sperm Donor to Pay Child Support

William Marotta, A 43 years old Kansas man, a mechanic who donated sperm to a lesbian couple after answering online ads is fighting state efforts suddenly forced him to pay child support for the girl who is now 3 years old, arguing that he and the woman signed an agreement releasing all his parental rights.

William Marotta told FoxNews.com he could not agree to give the sperm Angela Bauer and his former partner, Jennifer Schreiner, he called the legal quagmire that awaits him after responding to a Craigslist ad for a female donor March 2009. Kansas Department of Children and Families (DCF) recently filed for child support against Marotta after a few files for state aid this year, led the department requested to provide the name of the donor so that it can collect.

The state argued in court papers that because the insemination wasn’t performed by a licensed physician, the contract was null and void according to state law. State argues that William Marotta would be responsible for about $ 6,000 biological mothers of children who receive public assistance through - as well as child support in the future .

At least 10 other states have similar requirements in their laws, including California, Illinois and Missouri, Kansas Department of Children and family argued in court documents made available to The Associated Press provided Wednesday night.

Department spokeswoman Angela de Rocha said that when a single mother seeks benefits for children, the routine for the department to try to determine the father of the child and the father must pay support to reduce the potential cost to taxpayers.

Marotta, 46-year-old Topeka resident, an ad on Craigslist in 2009 from several local, Angela Bauer and Jennifer Schreiner, who said they were looking for sperm donors. After the e-mail and meetings, three Marotta relieve signing any financial or responsibilities of a father.

But the Kansas Department of children and family think the agreement is invalid, because instead of working with doctors, Marotta agrees to drop his sperm receptacle with some homes, according to fax documents in Shawnee County District Court late Wednesday and given ap.

The girl’s birth certificate does not include her biological father’s name, and the Capital-Journal said that he had no contact with the girl, other than receiving occasional email updates from Bauer. Both women adopted the girl, although they had to file for adoption separately because the state does not recognize same-sex unions, the newspaper said. This means that the state also cannot collect child support from same-sex parents.

Women manage their own artificial insemination with a syringe, and Schreiner eventually become pregnant, according to the documents.

Late last year, after he and Bauer split, Schreiner received public assistance from the state to help care for the girls.

'' Former partner and I want to have a baby,'' Schreiner said in a written statement the department in January 2012, also includes the filing of the most recent with the department. "We are a gay couple so we had sperm donor.''

In October, the department filed a court petition against Marotta, asking that he be required to reimburse the state for benefits and to pay future child support. Marotta request to dismiss the case, arguing that he has the legal father of the child, just the sperm donor. Hearing set for Tuesday.

Marotta told the Topeka Capital-Journal that he was "a little nervous about where it will go, especially for financial reasons.''

His lawyer did not immediately return phone messages Wednesday from The Associated Press, and there is no listing for his home phone number in Topeka. Schreiner and listings for Bauer is incorrect or services, and Schreiner did not respond to messages sent through Facebook.

The agreement signed by Marotta, Schreiner and Bauer in March 2009, said the woman was "dangerous'' to keep him financially. Agreement also said the child's birth certificate does not list a father.

Under Kansas law in 1994, the sperm donor is not considered the father only when donors give sperm for artificial insemination of a licensed physician of a woman who never married donors. The result is an incentive for donors and prospective parents work with the doctor, de Rocha said.

'' I believe that the purpose of the law, so that we have an ambiguous situation,'' he said ap.

Also, the Kansas Supreme Court ruled in October 2007 that the sperm donor who work with a licensed doctor can not legally considered the father of the child - and do not have the right to visit the child or have a role in maintaining - not official, written agreement. But the case involves sperm donors seeking access to children but there is only an informal, grassroots commitment to the mother.

Linda Elrod, professor of law and director of the Child and Family Washburn University Law program, said the law seemed clear: the sperm donor does not want to be responsible for child support are required to cooperate with the doctors.