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Kansas trying to make sperm donor pay child support
Last Updated: 11:31 AM, January 2, 2013
Posted: 9:53 AM, January 2, 2013
A Kansas man’s seed has spawned a precedent-setting child-support battle.
Jayhawk state officials are going after a Topeka man in a nutty child support claim, because he donated sperm to a lesbian couple now seeking government aid.
William Marotta, 46, thought he did his duty and moved on, after donating sperm to Angela Bauer and Jennifer Schreiner in 2009, leading to the birth of their daughter, who is now 3.
Marotta answered a Craigslist ad in March of that year and donated his sperm -- in exchange for relinquishing all parental rights and financial responsibility for the child, according to The Topeka Capital Journal.
Bauer and Schreiner have since broken up, but are still raising that daughter and their adopted kids together.
Bauer said she’s been diagnosed with “a significant illness” that prevents her from working, forcing them to apply for state assistance.
When, Schreiner tried to state health insurance for their daughter, the Kansas Department for Children and Families demanded to know the tyke’s father.
Her birth certificate lists Schreiner as the mom and no dad.
The state believes Marotta is the kid’s legal dad and should be forced to pay child support if Schreiner cannot make ends meet, the women said.
The former lesbian lovers are both on Marotta’s side, and feel bad that state officials seem to have him over a barrel.
“This was a wonderful opportunity with a guy with an admirable, giving character who wanted nothing more than to help us have a child,” Bauer told the newspaper.
“I feel like the state of Kansas has made a mess out of the situation.”
Marotta said he doesn't resent Schreiner for giving up his name.
"I resent the fact that Jennifer was pressured into doing that in the first place," he said. "That was wrong — wrong by the state."
And since Kansas doesn’t recognize same-sex partners or parents, Bauer has no legal standing on any of these matters.
“One gentleman told me he wasn’t going to discuss anything with me because I’m not the parent or legal guardian,” Bauer said. “Therefore, I had no existence.”
No matter how this works out, Marotta fears he’s already a loser, based on all the legal fees he’s absorbed fighting the state.
"In the long run, I think this will be a good thing, but I'm the one getting squashed," Marotta said.
"I can't even believe it's gone this far at this point, and there's not a damn thing I can do about it."
Marotta said he’s normally employed as a mechanic but is now working in another field.
He and his wife, Kimberly, have no biological children but care for foster children.
"I've already paid more than 10 percent of my yearly salary, and I don't know many folks who are willing to give up more than 10 percent of their yearly income," Marotta said.
The state contends the agreement between Marotta and the women is not valid because Kansas law requires a licensed physician to perform artificial insemination.
"Speaking generally, all individuals who apply for taxpayer-funded benefits through DCF are asked to cooperate with child support enforcement efforts," said Angela de Rocha, a spokeswoman for the Kansas Department for Children and Families.
"If a sperm donor makes his contribution through a licensed physician and a child is conceived, the donor is held harmless under state statute. In cases where the parties do not go through a physician or a clinic, there remains the question of who actually is the father of a child or children.”
She added: "DCF is required by statute to establish paternity and then pursue child support from the non-custodial parent.”
Bauer believes the state of Kansas is trying to make precedent-setting point against gay and lesbian parents, by going after Marotta.
“More and more gays and lesbians are adopting and reproducing, and this, to me, is a step backward,” Bauer said. “I think a lot of progressive movement is happening currently in the world as far as gays and lesbians go. Maybe this is Kansas’ stand against some of that.”
Regardless of what happens, Bauer said, she will forever be grateful to Marotta and his wife, and what their donation meant to her family.
“There are not enough words to describe what I feel for William [Marotta] as a person," she said, "because he gave us and allowed us to have this gift.”
Last Updated: 11:31 AM, January 2, 2013
Posted: 9:53 AM, January 2, 2013
A Kansas man’s seed has spawned a precedent-setting child-support battle.
Jayhawk state officials are going after a Topeka man in a nutty child support claim, because he donated sperm to a lesbian couple now seeking government aid.
William Marotta, 46, thought he did his duty and moved on, after donating sperm to Angela Bauer and Jennifer Schreiner in 2009, leading to the birth of their daughter, who is now 3.
Marotta answered a Craigslist ad in March of that year and donated his sperm -- in exchange for relinquishing all parental rights and financial responsibility for the child, according to The Topeka Capital Journal.
Bauer and Schreiner have since broken up, but are still raising that daughter and their adopted kids together.
Bauer said she’s been diagnosed with “a significant illness” that prevents her from working, forcing them to apply for state assistance.
When, Schreiner tried to state health insurance for their daughter, the Kansas Department for Children and Families demanded to know the tyke’s father.
Her birth certificate lists Schreiner as the mom and no dad.
The state believes Marotta is the kid’s legal dad and should be forced to pay child support if Schreiner cannot make ends meet, the women said.
The former lesbian lovers are both on Marotta’s side, and feel bad that state officials seem to have him over a barrel.
“This was a wonderful opportunity with a guy with an admirable, giving character who wanted nothing more than to help us have a child,” Bauer told the newspaper.
“I feel like the state of Kansas has made a mess out of the situation.”
Marotta said he doesn't resent Schreiner for giving up his name.
"I resent the fact that Jennifer was pressured into doing that in the first place," he said. "That was wrong — wrong by the state."
And since Kansas doesn’t recognize same-sex partners or parents, Bauer has no legal standing on any of these matters.
“One gentleman told me he wasn’t going to discuss anything with me because I’m not the parent or legal guardian,” Bauer said. “Therefore, I had no existence.”
No matter how this works out, Marotta fears he’s already a loser, based on all the legal fees he’s absorbed fighting the state.
"In the long run, I think this will be a good thing, but I'm the one getting squashed," Marotta said.
"I can't even believe it's gone this far at this point, and there's not a damn thing I can do about it."
Marotta said he’s normally employed as a mechanic but is now working in another field.
He and his wife, Kimberly, have no biological children but care for foster children.
"I've already paid more than 10 percent of my yearly salary, and I don't know many folks who are willing to give up more than 10 percent of their yearly income," Marotta said.
The state contends the agreement between Marotta and the women is not valid because Kansas law requires a licensed physician to perform artificial insemination.
"Speaking generally, all individuals who apply for taxpayer-funded benefits through DCF are asked to cooperate with child support enforcement efforts," said Angela de Rocha, a spokeswoman for the Kansas Department for Children and Families.
"If a sperm donor makes his contribution through a licensed physician and a child is conceived, the donor is held harmless under state statute. In cases where the parties do not go through a physician or a clinic, there remains the question of who actually is the father of a child or children.”
She added: "DCF is required by statute to establish paternity and then pursue child support from the non-custodial parent.”
Bauer believes the state of Kansas is trying to make precedent-setting point against gay and lesbian parents, by going after Marotta.
“More and more gays and lesbians are adopting and reproducing, and this, to me, is a step backward,” Bauer said. “I think a lot of progressive movement is happening currently in the world as far as gays and lesbians go. Maybe this is Kansas’ stand against some of that.”
Regardless of what happens, Bauer said, she will forever be grateful to Marotta and his wife, and what their donation meant to her family.
“There are not enough words to describe what I feel for William [Marotta] as a person," she said, "because he gave us and allowed us to have this gift.”