Sperm Donor in Kansas Asked to Pay Child Support

 Posted on January 05, 2013 in Family Law

A man from Topeka, Kansas was online one day and noticed an ad on Craigslist.  A nice lesbian couple was trying to start a family and raise a child but they needed sperm to impregnate one of the partners.  William Marotta decided to help them complete their family at no charge, though it may end up costing him quite a bit of money.

That was three years ago and a lot has changed since then.  The lesbian couple of Angela Bauer and Jennifer Schreiner is no longer together and their daughter is three years old.  When Bauer was diagnosed with a significant illness that prevented her from working, her former partner Schreiner sought state funded health insurance for their daughter.  Their application was denied until they provided information including the name of the sperm donor, which they ended up giving.

Now the state of Kansas is seeking to be reimbursed for $6,000 in back child support from Marotta.  He declined to pay because, before supplying his sperm, he entered into a legal agreement to waive his parental rights to the child.  The state of Kansas has a statute in place which only waives parental rights if the procedure is performed by a licensed physician.  Although Marotta is not a parent to this girl, in the eyes of the state, he is her father.  And although Bauer and Schreiner never asked for support, the state of Kansas is.

While this case is from Kansas, it is also true in the state of Illinois.  Any agreement to waive parental rights as a sperm donor is not valid without going through a sperm bank or other professional service.  If you are contacted about child support, please reach out to an experienced family law attorney in Cook County to discuss the particulars of your case.