The state of Kansas is seeking child support from a man who says he signed away all parental rights when he donated sperm to a lesbian couple.
"It came out of the blue. He was absolutely floored," attorney Ben Swinnen said of his client William Marotta.
Marotta, 46, met Angela Bauer and Jennifer Schreiner in 2009 when he responded to a Craigslist ad from a lesbian couple in Topeka, Kan., who were offering $50 per sperm donation, according to legal documents.
Marotta and his wife met with the women and he agreed to donate to them without accepting the money, Swinnen said.
All three signed a sperm donor contract that stated that he would have no paternal rights and would be in no way responsible for any child that resulted from the donation.
"Jennifer and Angie further agree to indemnify William and hold him harmless for any child support payments demanded of him by any other person or entity, public or private, including any district attorney's office or other state or county agency, regardless of the circumstances or said demand," the agreement read.
Marotta donated and Schreiner gave birth to a little girl through artificial insemination, according to court documents. The issue that would later become a legal factor, however, is that the artificial insemination was not performed by a licensed physician, which Swinnen said Marotta did not know at the time.
"He sporadically heard that the child was born, but that was about it," Swinnen said. "He had no contact with the child."
"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," Swinnen said.
Wednesday, January 02, 2013
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