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It seems that the state of Kansas recognizes a donation as a pledge to take care of a child until they turn 18, if things don’t work out for the recipient of the “donation”.
A Kansas man who signed away any parental rights when he donated sperm to a lesbian couple is now being pursued by the state for child support after the mother received financial assistance for the baby.
The two women raising the 3-year-old girl say they support the man, who responded to an ad they posted on the Craigslist website in 2009, the Topeka Capital-Journal reported.
The issue of child support arose when the two women broke up, and the couple applied for state services. Workers at the Kansas Department for Children and Families demanded the donor’s name and then filed a child-support claim against him, the newspaper said.
Angela Bauer, one of the mothers, told the Capital-Journal that she and her former partner, Jennifer Schreiner, support the donor, William Marotta, “in whatever action he wants to go forward with” to fight the state’s demand.
Marotta, a Topeka mechanic who has taken in foster children with his wife, answered a Craigslist ad in 2009 from a lesbian couple seeking a sperm donor.
The women who placed the ad, Angela Bauer and Jennifer Schreiner (BOTH SEEN ABOVE) , described themselves in an email to Marotta as a “financially stable lesbian couple,” with Bauer working outside the home and Schreiner being a stay-at-home mom with their other children.
Marotta, Bauer and Schreiner signed an agreement saying Marotta would be paid $50 per semen donation, with the arrangement including a clear understanding that he would have no parental rights whatsoever with the child or children.
The state argued in court papers that because the insemination wasn’t performed by a licensed physician, the contract was null and void.
When the two women split in 2010, they had eight children, including some they adopted, whom they now co-parent.
Sperm donors who donate through a sperm bank are typically protected by state parenting shield laws. But in less straight-forward cases, courts have differed on whether the men should pay up.
Marotta, a 43-year-old mechanic, was dragged into the dispute when the couple filed for state assistance. The state insisted that they reveal the donor’s identity, saying that if they refused to do so, their daughter would no longer be eligible for health care coverage. The women reluctantly complied, the Capital-Journal reported.
The girl’s birth certificate does not include her biological father’s name, and the Capital-Journal said that he had no contact with the girl, other than receiving occasional email updates from Bauer. Both women adopted the girl, although they had to file for adoption separately because the state does not recognize same-sex unions, the newspaper said. This means that the state also cannot collect child support from same-sex parents.