Should Sperm Donors Be Held Financially Responsible?

Three years after a Kansas man donated his sperm, the state wants him to pay child support.

A mechanic who answered a Craigslist ad to donate his sperm to a lesbian couple, is now being pursued by the State of Kansas for child support, reports the Kansas City Star.

In 2009, Angela Bauer and Jennifer Schreiner entered into an agreement with the donor, William Marotta to provide his sperm. They signed a contract that outlined he would be free from any financial responsibility as well as parental privileges, according to the newspaper. The legal contract stated Marotta was not responsible “for any child support payments demanded of him by any other person or entity, public or private, including any district attorney’s office or other state or county agency, regardless of the circumstances or said demand.”

Although the women offered $50 per donation, Marotta and his wife met with the women and agreed to the contract without accepting the money, reports ABC news

Now three years later, the mother fell into financial hardship and was told by the Kansas Department of Children and Families that the name of the father was required in order to obtain assistance, ABC reports.

The State of Kansas argues their contract is not valid because the artificial insemination was not performed by a licensed physician; Marotta is therefore responsible for child support

Marotta's lawyer argues that if the law only protects donors inseminated by a licensed physican, any woman could have a donation shipped and inseminate herself in order to pursue the donor for money.

What do you think?  Should any sperm donor be held responsible for child support?

Bob Thomas January 05, 2013 at 05:31 PM
If a doctor didn't conduct the insemination process could it be that a three or four-way process took place in several instances? By doing the nasty pro bono, the donor invalidated the contract because money has to change hands to complete the terms of a contract. That's presumably the way it was written.
Just Saying January 05, 2013 at 11:12 PM
She didn't go to a sperm bank, she took out an ad on Craigslist seeking a sperm donor. Also, it said nothing about invitro, it was probably either a turkey baster or the old fashion way.
Christopher Williams January 06, 2013 at 10:04 PM
That bs that you have to use a doctor he should not have to pay
Jerry Chase February 26, 2013 at 02:47 AM
Bob Thomas is correct here. There are four conditions for a valid contract, and one of them is "consideration"; i.e., money changing hands. The donor would have been wise to have accepted a token amount rather than nothing, because there does not appear to be a cogent rationale for a pro bono donation.
Terry J March 31, 2013 at 11:57 PM
Perfect reason to alloy same sex marriage. If the lesbian couple were married the two 'parents' would have full custody of the issue of their marriage. The donor would not be in the chain of responsibility for the child.


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