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Kansas sues lesbian couple’s sperm donor for child support

Tuesday, January 1, 2013

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.

Angela Bauer and Jennifer Schreiner, in this undated photo via MySpace.

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.

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28 more reader comments:

  1. this is money’s fault

    Posted on Tuesday, January 1, 2013 at 11:33am
  2. this opens the door to ALL sperm donors being required to pay child support – how stupid are these heterosupremacists

    Posted on Tuesday, January 1, 2013 at 11:34am
  3. Wait, what? I thought if someone donated sperm, that was the end of that. Why do they have to pay child support too? That doesn’t make any sense to me. If that’s how its supposed to work, I didn’t know. But it still sounds really stupid to me.

    Posted on Tuesday, January 1, 2013 at 11:35am
  4. Total bs! These girls needed help and he was there and didn’t take their money. They have no right to do this.

    Posted on Tuesday, January 1, 2013 at 11:36am
  5. Sperm donors sign legally biding contracts that relinquish their parental rights. If they used a sperm bank, it is part of the deal… If they got a donor on their own, then anything legal needed to be done before the deposit was made, so to speak.

    Posted on Tuesday, January 1, 2013 at 11:39am
  6. SAD!

    Posted on Tuesday, January 1, 2013 at 11:39am
  7. Sounds like state not couple. WTH … So wrong; but there are many errors w DCF & Transitional Assistance and not just w homosexual families:(

    Posted on Tuesday, January 1, 2013 at 11:41am
  8. Sorry, but they did NOT have to give his name. He DONATED sperm, nothing more, and they did NOT plan on him stepping into the role of parent.

    I have a 5-year-old that was conceived with the use of donor sperm. The difference is that mine was 100% anonymous from a licensed sperm bank in an entirely different state (GA; I live in MI), and procedure was done by my OB/GYN.

    Unfortunately, after I lost my job in 2011, I did receive state benefits (food benefits, and Medicaid), and while they DID ask, I put the father as ‘unknown,’ and they did not inquire further.

    Posted on Tuesday, January 1, 2013 at 11:45am
  9. They should have gotten lawyer forms for it.. It wasn’t done by a legal physician it’s not valid I does make SENSE but it’s stupid..

    Posted on Tuesday, January 1, 2013 at 11:47am
  10. This is a joke. They should not have had a child they could not take care of. They should be ashamed of their actions and the poor light it puts on the GLBT community.

    Posted on Tuesday, January 1, 2013 at 11:48am
  11. It’s just a legal loophole so the govt won’t have to help

    Posted on Tuesday, January 1, 2013 at 11:48am
  12. why..?

    Posted on Tuesday, January 1, 2013 at 11:50am
  13. This makes sense on the end of the state though. Why should they have to help when the natural route is to get support from the father first. However on the end of the donor this sucks immensely. Because he had no idea the couple would seek assistance. And they should hve never given his name to anyone. This whole thing is full of people making mistakes. In my opinion, and as a lesbian myself, if the couple was desperate enough to turn to Craigslist and offer 50$ to the first stranger to agree…they probably couldn’t and weren’t in a place to properly support a child at the time. I know invitro is expensive….but there are better channels than Craigslist. Just saying.

    Posted on Tuesday, January 1, 2013 at 11:51am
  14. Did you guys actually read the article? The couple isn’t suing, the state is. They didn’t just willy-nilly hand over his name, the state said they would not help them without it. There are millions of situations that can happen between the time if conception to the time of assistance. Needing help years later is different than getting aid the minute you become pregnant. The state went overboard.

    Posted on Tuesday, January 1, 2013 at 12:00pm
  15. Dani Rae Garcia, IVF isn’t the only option. A vial of sperm from a reputable bank costs as little as $150, and the basic procedure from a doctor, called an IUI, is less than $100.

    Posted on Tuesday, January 1, 2013 at 12:04pm
  16. If it were a loser hetero male that still alive doing crap this would not happen. It is bigotry issue. There are millions of hetero males losers not paying child support and the tax payers are paying this jerks.

    Posted on Tuesday, January 1, 2013 at 12:27pm
  17. Shameful.

    Posted on Tuesday, January 1, 2013 at 12:32pm
  18. that is crazy, so unfair.

    Posted on Tuesday, January 1, 2013 at 12:38pm
  19. sucks when bureaucracies harm instead of help >:(

    Posted on Tuesday, January 1, 2013 at 12:50pm
  20. This is ridiculous. Poor guy.

    Posted on Tuesday, January 1, 2013 at 1:42pm
  21. Naw, I can’t agree with this. Unless that was the agreement, this is bullshit! No good deed goes undone I guess! That’s the “gubberment (spelling on purpose)” for ya!

    Posted on Tuesday, January 1, 2013 at 2:29pm
  22. absurd

    Posted on Tuesday, January 1, 2013 at 2:42pm
  23. Don’t have babies if you can’t afford to keep them without assistance … that poor man was only trying to help!

    Posted on Tuesday, January 1, 2013 at 2:47pm
  24. You have to do your homework first! If you are doing something of this nature consult a lawyer so everyone’s rights are protected. Unfortunately when you work around the system it can back fire. I feel sorry for everyone involved but as a gay couple you have to protect your rights. This guy turned out to be a nice guy, but if the paperwork wasn’t in place properly and he was a jerk, he could have sued for custody. This isn’t a gay issue, this is an issue of doing your homework before you adopt, donate sperm etc via ebay or Craig’s list. I feel bad for everyone involved but this could have happened to any couple gay or straight.

    Posted on Tuesday, January 1, 2013 at 3:02pm
  25. What the…

    Posted on Tuesday, January 1, 2013 at 3:02pm
  26. Yes, even among people in agreement, something like this you need to get it written as a contract to protect from any potential stuff down the road, as this news item is pointing out.

    Posted on Tuesday, January 1, 2013 at 4:18pm
  27. For all of you ignorant folk who keep saying “if you couldn’t afford the baby you shouldn’t have had one”, shit happens, guys. Not everyone has job security, there have been a lot of lay offs where there was previously job security. Seeking assistance doesn’t always mean that you’ve never been financially secure, it just means that, right now, you’re not financially secure.

    Posted on Tuesday, January 1, 2013 at 8:36pm
  28. Tiffany I’m well aware of the options considering they are my options. I’m merely saying if you are looking on Craigslist for a sperm donor you aren’t in a place to be having a kid. Look on Craigslist for furniture, used cell phones cars whatever…but it’s not the place to create your future child. It says a lot of the parents an their means/capability.

    Posted on Tuesday, January 1, 2013 at 8:39pm