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

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Thursday, July 25, 2013

Sperm Donor Asks the Court for a Summary Judgment to Rule he is the Father

Baby

As I have previously discussed, William Marotta’s defense attorney has filed a motion calling for Judge Mary E. Mattivi to recues herself from Marotta’s case. The state of Kansas asserts Marotta owes child support to the 3-year-old daughter of two women who enlisted Marotta through Criagslist to provide sperm for the couple. The judge was quoted stating "The court heard arguments of counsel on June 5, 2013, and took the matter under advisement. After consideration of the motion affidavit and arguments of counsel, the court hereby denies the motion." 

Now, Marotta has asked the judge for a summary judgment to declare that William Marrota is Jennifer Schriener's father. Marotta's attorney, Swinnen, asked the court to do " what no court has ever done" and rule that the sperm donor is the girl's father despite the original intentions of the parties. Swinnen filed a forty-page response and motion seeking a summary judgment for Marrota. 

See Tim Henchir, Defendant in Sperm Donor Case Seeks Summary Judgment, CJ Online, Jul. 23, 2013.

http://lawprofessors.typepad.com/trusts_estates_prof/2013/07/sperm-donor-asks-the-court-for-a-summary-judgment-to-rule-he-is-the-father-.html

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