Judge: Sperm Donor Owes Child Support
William Marotta to appeal ruling in controversial case
By Arden Dier, Newser Staff | Suggested by Tomorrows_Children
Posted Jan 24, 2014 8:49 AM CST
In this file photo from Dec. 31, 2012, William Marotta poses for a portrait in Topeka, Kan.   (AP Photo/Topeka Capital-Journal, Jeff Davis, File)

(Newser) – The latest twist and turn in the case of a man who provided sperm to a same-sex couple who then had a daughter: A Kansas judge ruled Wednesday that William Marotta is the "presumptive father as a matter of law," not a sperm donor, and must pay child support. Marotta says he gave containers of sperm to Jennifer Schreiner and Angela Bauer three times after responding to their Craigslist ad looking for a donor, then signed a contract waiving his parental rights. But none of that matters, the judge ruled, since the couple didn't use a licensed physician for artificial insemination, which is required under a 1994 state law, the AP and Topeka Capital-Journal report.

"Quite simply, the parties failed to conform to the statutory requirements of the Kansas Parentage Act," the judge said, noting she "may not look the other way simply because the parties intended a different result than that afforded by the statute." Marotta's lawyer says "we have every intention to appeal." And Marotta tells the Topeka Capital-Journal he is "almost" at the point where he'd pick jail over paying child support. The state brought the case against Marotta after the couple sought state benefits; the state wanted him to be on the hook for about $6,000 worth of public assistance and future child support for the now 4-year-old girl.

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Showing 3 of 341 comments
Lyssa
Oct 1, 2014 7:59 AM CDT
You people are nuts if you think this guy should pay...yea "technically" the kid is his...but so are sooooooooooooooooooooooo many other children who were born due to artificial insemination...its why people donate sperm...so those who can't have children or are like these two idiotic lesbians can make a child..So your telling me that everyone who uses a sperm donor needs to go after the donor for child support?? If thats the damn case you can forget anyone ever donating a damn thing...Its why men donate sperm because they don't want kids, they are allowing someone else to have that responsibility and joy..This ruling here opens up another world of more lawsuits from more people who used a sperm donor to go after that donor for money..Its ridiculous and that judge needs to be fired and ruling overturned. These lesbians obviously wanted this guy to pay its why they listed him as the father in order to get goverment assistance all they had to say is they didnt know they got it from a sperm donor..end of story..Im pretty sure these two dumbass's knew exactly what they were doing and picked this guy for a reason...MONEY
Peace Revo Lution
Feb 6, 2014 2:43 PM CST
If a woman can't afford to support her children she gets countless levels of aid. If a man can't afford to support the exact same children - he goes to jail. But if you want a case here it is ~ Child support laws violate the U.S. Constitution: Thirteenth Amendment to the United States Constitution: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
roninxian
Jan 26, 2014 7:45 PM CST
If judges are elected officials in Kansas, as in many other states, this shows the reflection of Kansas voters. I hope they're paying attention and give this judge the pink slip at the next election.