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2 Bumps

Sperm Donor may have to pay child support.



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TOPEKA, Kan. (AP) - A Kansas man who donated sperm to a lesbian couple after answering an online ad is fighting the state's efforts to suddenly force him to pay child support for the now 3-year-old girl, arguing that he and the women signed an agreement waiving all of his parental rights.

The case hinges on the fact that no doctors were used for the artificial insemination. The state argues that because William Marotta didn't work through a clinic or doctor, as required by state law, he can be held responsible for about $6,000 that the child's biological mother received through public assistance - as well as future child support.

At least 10 other states have similar requirements in their laws, including California, Illinois and Missouri, the Kansas Department of Children and Families argued in a prepared court documents it gave to The Associated Press late Wednesday

http://www.fox8live.com/story/20490390/state-trying-to-make-sperm-donor-pay-child-support
Here is my question. Two women form a partnership and agree that they want a baby. The agreement says the donor has no rights to any offpring but the teo women do.
Do you think that instead of going after the perm donor that they should go after the ex partner?

 
Dardenella

Asked by Dardenella at 9:35 AM on Jan. 8, 2013 in Politics & Current Events

Level 47 (255,293 Credits)
This question is closed.
Answers (18)
  • Here's my question - if this was a hetero couple that used a donor instead of a lesbian couple, would they have bothered going after the donor?
    NotPanicking

    Answer by NotPanicking at 12:09 PM on Jan. 8, 2013

  • I believe the ex partner is responsible and they should go after her, after all this was their decision to create this life, the sperm donor had nothing to do with the decision they made!
    older

    Answer by older at 9:38 AM on Jan. 8, 2013

  • I think the ex-partner should be the responsible party since they are the other parent of the offspring. I think this sets a precedent that private non-anonymous donors should draw up contracts to protect themselves from this kind of litigation. If a donor going through a medical practice has protection from having to pay support, then so should private donors. Just takes a bit of paperwork. Honestly, people should be smart enough to realize the potential damage they can do themselves when they do things like this (meaning financially as in this situation).

    QuinnMae

    Answer by QuinnMae at 9:44 AM on Jan. 8, 2013

  • I thought the guy signed away his rights. I dont see how it can hold up if he did that.

    LostSoul88

    Answer by LostSoul88 at 9:43 AM on Jan. 8, 2013

  • I think they were trying to do it in order to save $. Invitro is not cheap! The intention is very clear. He would DONATE and the women would be the parents. They should be going after the other woman for the child support and leave the man alone. He was trying to do something good and they have turned it into something wrong. If 2 women/men want to marry/have a child & have all the benefits the same as a man & woman then they should also have to pay the same as when a man & woman split.
    baconbits

    Answer by baconbits at 11:07 AM on Jan. 8, 2013

  • Sorry but if they did not go through the proper channels he is responsible. My question comes in the bit of him signing away rights. Did he do that Legally, as in fill out the pfficial termination of parental rights through the state (where it is notarized) or was it simply signing a piece of paper drawn up by the couple. To hold any legal standing it would have had to at least been notarized by a court official otherwise it is moot
    KristiS11384

    Answer by KristiS11384 at 9:53 AM on Jan. 8, 2013

  • agree with older, I wonder what the law is for someone who has thier parental rights terminated for other reasons? Are they held liable for child support? For example say someone gave up the rights to thier child so they could be adopted, and for whatever reason the adoption didn't go through, then the mother needed PA? He probably should have demanded for his name to not appear on the birth certificate at all.
    jerseydiva

    Answer by jerseydiva at 9:42 AM on Jan. 8, 2013

  • Well who will decide it was a "donation" as opposed to a one night stand or an affair or a relationship. I agree with the state the clinic and the doctor's office are the verification of "donation". I think the ex-partner and the "donor" are both responsible.
    booklover545

    Answer by booklover545 at 9:45 AM on Jan. 8, 2013

  • The article only says that he waived his parental rights. Not his responsibility to support the offspring. Of course, I'm just going off of what is posted in the original question. I am sure there is more to the story.
    I do think it's BS that having medical assistance is the key. I think if all parties involved were to sign legal documents in front of a notary and with a witness that should suffice. JMO.
    QuinnMae

    Answer by QuinnMae at 9:54 AM on Jan. 8, 2013

  • But it you were to be a juror on this case would you hold him liable because he collected his sperm in a jar and gave it to to women. You knew why they wanted it and you signed agreements on the transfer of sperm. Comment by Dardenella


    No.  I think everyone signing a contract / agreement about him relinquishing his parental rights would lead me to believe that the intention of the maternal biological parent was to raise the child with her partner as the other parent, not to hold the paternal parent responsible financially with no rights to visitation or to make parental decisions.  Why would any man sign up for that?  It makes zero sense.  

    QuinnMae

    Answer by QuinnMae at 10:55 AM on Jan. 8, 2013