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Can Kansas make a sperm donor pay child support?

 
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zolloh View Drop Down
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    Posted: Jan 06 2013 at 10:04am
Cliff notes for skimmers:

- Dude responds to a Craigslist ad placed by a lesbian couple for a sperm donor Stern Smile
- He gives them 3 cups of his essence
- The couple and donor sign a private contract (not drawn by lawyers/court) that he gives up his right to the future child and has no responsibility
- Insemination is not done by a doctor Sleepy
- Couple have daughter
- Couple breaks up after having the baby
- The mother gets sick, has financial problems and files for and receives welfare
- State of Kansas hunts down the sperm donor, not the mother's ex, for child support
- Gay marriage is not legal in Kansas

Quote
(CNN) -- If you're planning to donate sperm in Kansas, you may want to do it through a doctor.That's one message from the case of William Marotta of Topeka. In 2009, he noticed a Craig's List advertisement from a lesbian couple, also in Topeka, seeking donated sperm."Intrigued" by the ad, he agreed to donate and says he delivered three cupfuls of his sperm -- gratis -- to the women, one of whom gave birth to a daughter."I donated genetic material, and that was it for me," he told CNN affiliate WIBW.

Or so he thought. That changed when the parents separated and one of the women stopped working because of illness and applied to the state for help, he said. The state contacted Marotta for child support.

Kansas officials were not persuaded by what Marotta says were agreements he signed before making his donations that he would assume no financial responsibility for the child, who is now 3 years old.

The Kansas Department for Children and Families said any agreement would not apply because a physician did not perform the insemination, which Marotta said was news to him.

"I didn't know that there was no doctor involved," Marotta said Friday.His lawyer, Ben Swinnen, accused the state, where same-sex marriage is not legal, of being politically motivated in its pursuit of $6,000 from his client.
"The cost to the state to bring this case far outweighs any benefit the state would get," he said. Marotta said he met the child once -- a few months ago -- when he and his wife by chance crossed paths with one of the girl's parents at an area carnival. He said he had no intention of assuming a paternal role if he loses the case. "I'm not her parent," he said.

But under Kansas law, he is her father. Had a physician carried out the insemination, that would not be the case, because Marotta would be able to document that he was a sperm donor and not the lover of the girl's mother, said CNN Senior Medical Correspondent Elizabeth Cohen.

"For all they know, they were lovers," she said. "They need that documentation. He's the dad; he ought to be paying up."

Though a physician would have tested the sperm for sexually transmitted diseases and certain genetic disorders, there are disincentives associated with going through a physician.

A single attempt at artificial insemination costs about $3,000, and sometimes several tries are needed. "It's a lot cheaper to get someone to come on over with their donation, and then do it yourself at home," Cohen said.

Meanwhile, Marotta owes legal fees and has taken his story to the news media. "If enough noise gets made about it, at this point, maybe things will change for the better," he said. Asked whether, knowing what he now knows, he would answer the advertisement again, Marotta said, "Probably not."
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dee1672 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dee1672 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 10:11am
I saw this on the news. He knew Craigslist was not the normal channel for donating sperm. I think all parties involved were trying to be slick. They probably wanted to avoid legal and medical fees and he probably thought ht would be 'cool' to give a baby to two lesbians and/or be able to say he donated sperm. He might as well pay up. I wonder how old they are.
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iGotSunshine View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote iGotSunshine Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 10:18am
Lol that's F'd up.

That lady is stupid tho. She should have told them she didn't know who her baby daddy was or how to get in touch with any of them
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tatee View Drop Down
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Post Options Post Options   Thanks (17) Thanks(17)   Quote tatee Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 10:19am
i think the ex-girlfriend aint sh*t.  you agreed to bring a child into the world and then when you stop loving the mother you screw over the kid.  go after the other woman and not a man who signed away his paternal rights and had no intention on ever being a father or supporting this kid.
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zolloh View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote zolloh Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 10:30am
It's an interesting case. Since the gay marriage is not legal there, they cant go after the ex for cs
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SweetNovember* View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SweetNovember* Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 10:34am
This is one reason why I don't believe in sperm donation. He has a kid out there that he doesn't give a f*ck about. That's twisted.
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newdiva1 View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote newdiva1 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 11:41am
that's a damn shame.  I don't fault him but he should have done it right to protect himself.  It might have cost more to go thru the legal channels but now he gone have to break alot of bread for a child he himself never wanted.
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niecy View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote niecy Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 11:45am
All parties involved are dumb as fck imo. Should've done it the right way instead of through craigslist then he probably wouldnt have to worry about being put on child support
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jonesable View Drop Down
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Post Options Post Options   Thanks (6) Thanks(6)   Quote jonesable Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 11:45am
The child's mother ain't ish
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Post Options Post Options   Thanks (8) Thanks(8)   Quote nycdiva357 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 06 2013 at 11:46am
lmao at putting your jizz in a coffee cup and going about your business.

dumb ppl irk me.
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