Posted in Divorce on December 30, 2012
A Kansas man who donated sperm to a lesbian couple three years ago has been ordered to pay child support by the state.
The two women raising the now 3-year-old girl say they stand behind the man in his fight not to be forced to pay. He responded to an ad the couple posted on Craigslist in 2009. The question of child support did not come up until the women separated, after which they applied for state services. Workers at the Kansas Department for Children and Families allegedly requested the donor’s name, saying that if the couple refused to reveal the donor’s identity their daughter would not be eligible for health care coverage. The state then filed a child-support claim against him.
One of the mothers, Angela Bauer, says that she and her former partner and the birth mother, Jennifer Schreiner, are supporting the donor, William Marotta, in whatever he chooses to do to fight the state’s demand. Bauer said that the sperm donation had been a wonderful opportunity given by a man with an admirable and generous character who only wanted to help the couple have a child, and that she felt the state of Kansas had made a mess out of the situation.
The couple had made a deal with Marotta, signing a written agreement stating that he would not be paid for the donation and relinquishing all parental rights, and holding him harmless for any child support payments demanded of him by any other person or entity, public or private, regardless of circumstances or said demand. The state is arguing that the contract is null and void because the insemination was not performed by a licensed physician. The girl’s birth certificate does not have her biological father’s name on it, and he allegedly had no contact with the girl, other than exchanging occasional email updates with Bauer.
Both women adopted the girl, having to file for adoption separately because the state does not recognize same-sex unions. This also means that the state cannot collect child support from same-sex parents.
Source: The Huffington Post, “Kansas Sperm Donor For Lesbian Couple Faces Child Support Suit From State,” John Celock, December 30, 2012.