A man who provided sperm to a lesbian couple in response to an online ad is the father of a child born to one of the women and must pay child support, a Kansas judge ruled Wednesday.Essentially, two lesbians in love decided to have a baby. Not being able to do it without the patriarchy being involved, they contracted with
Topeka resident William Marotta had argued that he had waived his parental rights and didn't intend to be a father. Shawnee County District Court
Judge Mary Mattivi rejected that claim, saying the parties didn't involve a licensed physician in the artificial insemination process and thus Marotta didn't qualify as a sperm donor, The Topeka Capital-Journal(http://bit.ly/LHwLyW) reported...
The Kansas Department for Children and Families filed the case in October 2012 seeking to have Marotta declared the father of a child born to Jennifer Schreiner in 2009. The state was seeking to have Marotta declared the child's father so he can be held responsible for about $6,000 in public assistance the state provided, as well as future child support.
Marotta opposed that action, saying he had contacted Schreiner and her partner at the time, Angela Bauer, in response to an ad they placed on Craigslist seeking a sperm donor. He said he signed a contract waiving his parental rights and responsibilities.
Attorneys for the state contended the contract was moot because the parties didn't follow a 1994 Kansas law requiring a licensed physician to perform the artificial insemination when donors were involved.
Sadly, I think you can read the law in such a way as this is a correct decision, but it seems odd that it depends on whose hand held the turkey baster, not the result. With so much of our judicial system seeming to go in the direction of "doing what feels right" and not what's written, it's tough luck for this guy to be held to the letter of the law.
At least Wendy Davis paid child support when she abandoned her kids for the life of law and politics.