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Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Wednesday, January 2, 2013

Sperm Donor Must Pay Child Support

BabiesThere is an old saying that states that "no good deed goes unpunished." Well, William Marotta is learning that lesson the hard way. The 43 year old Kansas man has been ordered by a Kansas court to pay child support for a child that he reared in a less than traditional manner. According to the Daily Dot, Marotta "thought he was doing a good deed three years ago when he donated his sperm to Angela Bauer and her partner Jennifer Schreiner." Marrotta apparently learned of the couple's desire to mother a baby together through the popular website Craigslist. The couple are currently foster and adoptive parents, but the couple wanted to actually get pregnant and have a child of their own. He responded to their ad, signed a contract with the couple, and donated his sperm. The contract that Marotta signed was suppose to waive his responsibility to provide future financial care to the conceived child. When Bauer could no longer work to support the children, Schreiner filed for welfare to benefit the now 3 year old child.

The Kansas Department of Children and Families determined that the baby's own biological father should pay child support, in lieu of the department paying welfare, and demanded to know the identity of the father. When Marotta contested that the department's claim based on the contract he signed, the department determined that the contract was not valid because the insemination of the donor sperm was not handled by a licensed physician, which is a requirement under Kansas law. Marotta is now challenging the ruling. His court date is scheduled for January 8, 2013.

See Kevin Morris, Man Forced To Pay Child Support After Donating Sperm on Craiglist, The Daily Dot, Jan. 1, 2013.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention. 

http://lawprofessors.typepad.com/trusts_estates_prof/2013/01/sperm-donor-must-pay-child-support.html

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