In 2009, a sperm donor named William Marotta responded to an online ad from a couple named Angela Bauer and Jennifer Schreiner.  They were looking for a sperm donor and Marotta agreed to offer them his sperm.  Instead of going through a doctor to be inseminated, Marotta dropped off a container with his sperm to the couple’s residence and the couple performed the artificial insemination themselves.  Bauer and Schreiner ended up breaking up, and the state began providing Schreiner with public assistance to help care for the little girl.

Even though neither Bauer nor Schreiner seek any money from Marotta, the Kansas Department for Children and Families has ofiled a court petition against Marotta, arguing the following:

  • Marotta is the legal father
  • Marotta should be responsible for about $6,000 in public assistance Schreiner received
  • Marotta should pay child support

The State is arguing that Marotta is responsible to pay for child support because he did not go through a doctor in providing his sperm to the ladies.  On the other hand, Marotta wants the case dismissed, arguing that he is simply a sperm donor.

Agreement Between Marotta, Schreiner and Bauer:

In 2009, Marotta, Schreiner and Bauer signed an agreement cutting off Marotta’s financial responsibilities and parental duties.  According to a news source, the parties agreed to "hold him harmless" financially and further agreed that Marotta would not be identified as the child’s father on the birth certificate.

Kansas law

Kansas law states, “a sperm donor isn't considered the father only when a donor provides sperm to a licensed physician for artificial insemination of a woman who isn't the donor's wife.”  According to the spokeswoman for the Kansas Department for Children and Families, “the result is an incentive for donors and prospective mothers to work with a doctor.”

 

What do you think?  Should sperm donors who haven’t gone through a doctor be required to pay child support?

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