TOPEKA, Kan. (AP) — The state of Kansas is trying to force a man who donated sperm to a lesbian couple to pay child support, arguing that the agreement he and the women signed releasing him from all parental duties was invalid because they didn't go through a doctor.
Under Kansas law, a doctor's involvement shields a man from being held responsible for a child conceived through artificial insemination. At least 10 other states have similar laws, including California, Illinois and Missouri, according to the Kansas Department for Children and Families.
William Marotta and the couple he helped have a daughter didn't go through a doctor, so the department is asking a state court to hold him responsible for about $6,000 that the child's biological mother received through public assistance — as well as future child support.
The department also asked the court to appoint an attorney to represent the now 3-year-old girl, independently of her mother.
Marotta is asking that the case be dismissed, arguing that he is not the child's legal father. A hearing is set for Tuesday.
Department spokeswoman Angela de Rocha said Wednesday that when a single mother seeks benefits for a child, the department routinely tries to determine the child's paternity and require the father to make support payments to lessen the potential cost to taxpayers.
She argued that the law regarding artificial insemination is an incentive for donors and prospective mothers to work with a doctor.
"I believe that is the intent of the law, so that we don't end up with these ambiguous situations," she told The Associated Press.
Marotta, a 46-year-old Topeka resident, answered an ad on Craigslist in 2009 from Angela Bauer and Jennifer Schreiner, a local couple who said they were seeking a sperm donor.
After exchanging emails and meeting, Marotta and the couple signed an agreement in which the women agreed to "hold him harmless" financially. It also said the child's birth certificate would not list a father.
But the state agency argues the agreement isn't valid, because instead of working with a doctor, Marotta agreed to drop off containers with his sperm at the couple's home, according to prepared court documents the department gave to the AP late Wednesday.
The women handled the artificial insemination themselves using a syringe, and Schreiner eventually became pregnant, according to the documents. The couple broke up in 2010, and last year, Schreiner received public assistance from the state to help care for the girl.
"My ex-partner and I wanted to have a baby," Schreiner said in a written statement to the department in January 2012, also included in the department's latest filing. "We were a gay couple so we had a sperm donor."
Marotta told The Topeka-Capital Journal that he is "a little scared about where this is going to go, primarily for financial reasons." His attorney didn't return a phone message Wednesday from the AP, and there was no listing for his home phone number in Topeka.
Phone numbers listed for Schreiner and Bauer were either incorrect or out of service, and Schreiner did not respond to a message sent by Facebook.
The department first filed a petition against Marotta in Shawnee County District Court in October, asking that he be required to reimburse the state for the benefits and make future child support payments.
Along with the 1994 law regarding artificial insemination, the department cited a 2007 Kansas Supreme Court ruling. In that case, the court decided that a sperm donor who works through a licensed physician can't legally be considered a child's father — and doesn't have the right to visit or help raise the child — absent a formal, written agreement.
However, that case involved a sperm donor who was seeking access to a child but had only an informal, unwritten agreement with the child's mother. Marotta's attorneys contend the state is reading it incorrectly.
Still, Linda Elrod, a law professor and director of Washburn University's Children and Family Law program, said the law seems clear: Sperm donors who don't want to be held liable for child support need to work with a doctor.
"Other than that, the general rule is strict liability for sperm," said Elrod, who filed a friend-of-the-court brief in the Supreme Court case.

Comments (20)
Add commentIf Not Him
Someone should be
responsible for about $6,000 that the child's biological mother received through public assistance
Plus if the couple was not financially capable to pay all the bills for 1st just having a baby why should the public pay for an unnatural child birth and any other needs for "THIS" child.
WHY just because the 2 ladies wanted a baby they couldn't afford or they couldn't afford to go to a "REAL" sperm bank.
I don't think I should pay or anyone else livning in Kansas or any other state they might move to in the future.
Buzzby
I agree they should have gone the sterile route, but not because of financial liability. Because it is safer. Sperm donors (typically) are asked a battery of questions and it can be a lengthy process.
source:
http://www.stanford.edu/class/siw198q/websites/reprotech/New%20Ways%20of...
To address your comment: "Plus if the couple was not financially capable to pay all the bills for 1st just having a baby why should the public pay for an unnatural child birth and any other needs for "THIS" child."
-We can assume they WERE capable to pay the bills for the baby, when they were together. they split up sometime in the 3-4 years of the childs life, something that happens to many couples all the time. Also, when that happens, many single mothers are forced to seek financial assistance from the government in order to make ends meet until they can get themselves in a better, more stable financial situation. There isn't anything shameful about it, sometimes it is an unfortunate reality.
"The majority of families who leave the welfare system do so after a relatively short period of time -- about half leave within a year; 70 percent within two years and almost 90 percent within five years. But many return almost as quickly as they left -- about 45 percent return within a year and 70 percent return by the end of five years." source: http://www.urban.org/publications/900288.html
"WHY just because the 2 ladies wanted a baby they couldn't afford or they couldn't afford to go to a "REAL" sperm bank."
- It is very very expensive for artificial insemination, and to get sperm from a sperm bank. So yes, it is completely understandable that, like MANY heterosexual couples, that they chose a route a little more unconventional.
This isnt a result of the couple "being gay". If this were a heterosexual couple, the story wouldn't be any different.
Lesson learned: protect yourself legally ALWAYS.
Their Arrangments
Should have been such that the "partner" not having the child would take financial responsibility.
That is why when a single mother goes in the STATE tries to find the father and get some of it's money back.
Kansas needs to get some money from someone be it the bio father or the woman that was going to be a daddy or 2nd mommie.
Either way the public should not be left holding the bag.
William Marotta is #1 on the list because ignorance of the law is NO excuse and Kansas has a law so.........
Marotta is not alone...
...as the two lesbians are equally as culpable...
no one has even mentioned the fact...
that this guy, a 46 yr old man, answered an ad on Craigslist to donate sperm... ewww
If the couple...
...were heterosexual, there probably wouldn't even be a story, because even if the child was conceived through artificial insemination, most likely the male partner of the pregnant female would be listed as the dad on the child's birth certificate, and he would be ordered to pay the child support if they separated.
Well........
It's BO's world. We're just passing through.
poor child
!
Why?
Why should the child be removed from her mother? I don't recall reading any allegations of child abuse in this article.
'cause that's What Jesus
'cause that's What Jesus Would Do!
Psalm 127:3-5
"Behold, children are a heritage from the Lord, the fruit of the womb a reward. Like arrows in the hand of a warrior are the children of one's youth. Blessed is the man who fills his quiver with them! He shall not be put to shame when he speaks with his enemies in the gate."