TOPEKA, Kan. — A man who donated his sperm to a lesbian couple is now being sued for child support by the Kansas Department of Children and Families.
According to legal filings, in 2009 William Marotta answered an ad on Craigslist posted by Angela Bauer and Jennifer Schreiner, a lesbian couple in Topeka, who were offering $50 per sperm donation.
Marotta, 46, accompanied by his wife, said he met with the couple and agreed to donate to them without accepting the money.
The contract between the couple and Marotta stated that he would be “held harmless for any child support payments demanded of him … regardless of the circumstances.”
“Three years forward, the couple sought state assistance for the child and the Kansas Department of Children and Families sought out of them the name of the father and said they would not provide assistance unless they provide the name,” according to Marotta’s attorney, Ben Swinnen.
The women gave the state Marotta’s name and on Oct. 3, attorney Mark McMillan filed a petition on behalf of the Department of Children and Families that claimed that Marotta was the baby’s father and needed to support her, reported ABC News.
The filing said that the state had spent $189 on the baby from July 2012 to September 2012 and nearly $6,000 in medical assistance, which Marotta had a duty to pay.
The state claimed that the agreement between Marotta and Bauer and Schreiner is invalid because the artificial insemination was not performed by a licensed physician.
Kansas law states that the donor is “treated in law” as if he were not the father if the donation of semen is provided to a licensed physician.
Marotta, who was only told that a baby girl was born of the insemination, has never had any contact with the child since. He has filed a motion to dismiss the case, which is scheduled to be heard on Jan. 8.