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Assisted Reproduction

Kansas Sues Sperm Donor For Child Support

This is what happens when you do a home insemination and eschew the relatively minimal statutory requirements:

The state of Kansas is suing a sperm donor for parental support of his child, contending that the written agreement he made with a lesbian couple to relinquish his parental rights isn’t valid.

William Marotta responded in 2009 to a Craigslist ad seeking a sperm donor. He and the two women, Angela Bauer and Jennifer Schreiner, agreed in writing that that they, not he, would be the parents of the now 3-year-old child Schreiner conceived through artificial insemination. However, the state Department for Children and Families is seeking to have Marotta declared the father of the child so it can obtain support from him, the Topeka Capital-Journal reports.

Five years ago, the Kansas Supreme Court refused to allow a sperm donor who wanted to assert parental rights to do so, explaining that a state statute precludes sperm donors from doing so unless they have spelled out that plan in a written agreement with the mother.

In Marotta’s case, the DCF says the law doesn’t apply to him because the artificial insemination of Schreiner wasn’t performed by a physician. Bauer had been supporting the 3-year-old girl, but has reportedly been unable to work recently because of health problems.


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