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U.S. sperm donor fights attempt to make him pay child support to lesbian couple

canada-man

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Jun 16, 2007
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A sperm donor in the United States is fighting an effort to force him to pay child support for a child conceived through artificial insemination by a lesbian couple.

William Marotta told The Topeka Capital-Journal newspaper he’s “a little scared about where this is going to go, primarily for financial reasons.”

When the 46-year-old donated sperm to Angela Bauer and Jennifer Schreiner in 2009, Mr. Marotta relinquished all parental rights, including financial responsibility to the child. When Ms. Bauer and Ms. Schreiner filed for state assistance in Kansas this year, the state demanded the donor’s name so it could collect child support for the now 3-year-old girl.

When the 46-year-old donated sperm to Angela Bauer and Jennifer Schreiner in 2009, Mr. Marotta relinquished all parental rights, including financial responsibility to the child. When Ms. Bauer and Ms. Schreiner filed for state assistance in Kansas this year, the state demanded the donor’s name so it could collect child support for the now 3-year-old girl.

The state contends the agreement between Mr. Marotta and the women is not valid because Kansas law requires a licensed physician to perform artificial insemination.

“If a sperm donor makes his contribution through a licensed physician and a child is conceived, the donor is held harmless under state statue. In cases where the parties do not go through a physician or a clinic, there remains the question of who actually is the father of a child or children,” Angela de Rocha, a spokeswoman for the Kansas Department for Children and Families, said in a statement.

A hearing on a motion by Mr. Marotta’s lawyers to dismiss the case is scheduled for Jan. 8

Ms. Bauer and Ms. Schreiner have said they fully support Mr. Marotta’s efforts to fight the state’s request. When Ms. Bauer was diagnosed in March with what she calls “a significant illness” that prevents her from working, Ms. Schreiner sought health insurance for their daughter from the state. The DCF told Ms. Schreiner if she didn’t provide the sperm donor’s name, it would deny any health benefits because she was withholding information.

Mr. Marotta said Monday he doesn’t resent Ms. Schreiner for giving the state his name.

“I resent the fact that Jennifer was pressured into doing that in the first place,” he said. “That was wrong — wrong by the state.”

Mr. Marotta and his wife, Kimberly, have no biological children but care for foster children.


http://www.theglobeandmail.com/news...ild-support-to-lesbian-couple/article6841967/
 

Aardvark154

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Jan 19, 2006
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It is my understanding that Mr. Marotta's legal team is receiving a lot of amicus offers.

Further as his legal team has stated a previous 2007 decision of the Kansas Supreme Court seems to be firmly with Mr. Marotta. Additionally his lawyers have submitted "that if a sperm donor is free of parental responsibility only when a doctor performs an insemination, 'then any woman in Kansas could have sperm donations shipped to her house, inseminate herself without a licensed physician and seek out the donor for financial support because her actions made him a father, not a sperm donor. . . .This goes against the very purpose of the statute to protect sperm donors as well as birth mothers'."
 

Eddie401

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May 25, 2008
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Just about 2 miles past appropriate
This would be the end of the concept of sperm donations.

Beyond stupid. Hopefully Mr. Marotta prevails.
 
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