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Should Sperm Donors Be Held Financially Responsible?

Three years after a Kansas man donated his sperm, the state wants him to pay child support.

A mechanic who answered a Craigslist ad to donate his sperm to a lesbian couple, is now being pursued by the State of Kansas for child support, reports the Kansas City Star.

In 2009, Angela Bauer and Jennifer Schreiner entered into an agreement with the donor, William Marotta to provide his sperm. They signed a contract that outlined he would be free from any financial responsibility as well as parental privileges, according to the newspaper. The legal contract stated Marotta was not responsible “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.”

Although the women offered $50 per donation, Marotta and his wife met with the women and agreed to the contract without accepting the money, reports ABC news

Now three years later, the mother fell into financial hardship and was told by the Kansas Department of Children and Families that the name of the father was required in order to obtain assistance, ABC reports.

The State of Kansas argues their contract is not valid because the artificial insemination was not performed by a licensed physician; Marotta is therefore responsible for child support

Marotta's lawyer argues that if the law only protects donors inseminated by a licensed physican, any woman could have a donation shipped and inseminate herself in order to pursue the donor for money.

What do you think?  Should any sperm donor be held responsible for child support?

Jessica D January 06, 2013 at 03:37 PM
NO not at all !! this country is absolutley unbelieveable, this poor man and his wife were helping this lesbian couple bring life into the world and now becuase they are having financial hardship he is expected to pay child support for a child he has nothing to do with and that was the agreement. Now if that man all of a sudden wanted to be a part of his childs life best believe the state would deem the contract legally binding and he would not be allowed to have any parental privledges to his son. It is disgusting ! The rules always change depending on the situation , circumstances and who has the most money to hire a expensive lawyer who can find "loop holes" to favor his client... nothing is black and white which the legal system should be ! i am horrified that this country is so courrupt in every avenue you turn..
ChefDad January 07, 2013 at 12:39 PM
So that we are on the same page here, the articles about this situation make it clear that that women do not want or expect the sperm donor to contribute to child support. It is the State of Kansas that is pursuing him for financial support. This is not an example of someone hiring an expensive attorney to defeat the contract; it is the government trying to find other funding sources for the state's child welfare obligations and ignoring the clear will of the people involved. Reading between the lines, it could also be viewed as an attempt by the medical lobby to keep artificial insemination a medical procedure, since the contract would have been enforceable if the procedure had been performed by a licensed physician.
Betty Smith January 07, 2013 at 07:43 PM
I do not think the sperm donor should be held responsible for child support. This was an agreement between the lesbian couple and the donor with an agreement that he would not be financially responsible. The article states that "the mother fell into financial hardship". What about her partner? Was the financial hardship caused by a split in the relationship? If that is the case, the partner should be the one paying child support, not the sperm donor. I am concerned that the outcome of this case will make it more difficult for couples or single women who are financially able to support a child and wish to have one to find willing sperm donors. I do feel that adoption is preferable in any case (but that is not the question being asked).

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