A man who donated sperm to a pair of lesbians so they could start a family is now being hounded for child support by the state of Kansas — which refuses to recognize the same-sex coupling. But William Marotta's attorneys want the now-separated lesbian co-parent to be involved in a lawsuit in which the state claims he is the legal father of a 3-year-old girl.
The state of Kansas contends that Marotta is legally responsible for the girl conceived after he responded to a Craigslist ad placed by the lesbian couple for sperm donation. Marotta even ed a contract waiving parental rights and responsibilities — which he thought absolved him from any financial obligations for the .
The state of Kansas, however, sees it differently. The Sunflower State contends that the contract is invalid because a Kansas law requires that a d physician perform any artificial insemination — which was not the case with Schreiner. This week, attorneys for Bauer and Marotta asked a judge to reconsider a ruling that keeps Bauer out of the case as a full-fledged participant.
Bauer, they argue, who cares for the girl about half the time and ed the sperm donor agreement at issue, should be fully involved. Booth said a recent Kansas high court case, Frazier v. Gouschaal, established that a nonbiological mother of children in a same-sex relationship has the same rights as a biological mother.
Schreiner as the birth parent has custody of the girl, but according to both attorneys Bauer takes care of the girl during the day with Schneiner caring for her in the evenings. Bauer and Scheiner have even drawn up a parenting plan for the girl, which Booth said, if and when it is approved by a court, would legally resolve issues of custody and financial support.
The state became involved in the case when the couple's relationship fell apart and the two broke up, and one of them got sick. They applied for state health insurance for the girl.
The Kansas Department for Children and Families demanded they reveal the name of the sperm donor, which they eventually did, reluctantly. Related: Hey, sperm donor, don't answer that Craigslist ad!
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