William Marotta is being pursued by the state of Kansas for child support despite the fact that lesbian couple that Marotta donated sperm to is not seeking child support at all.
Marotta, of Topeka, has filed a motion with Shawnee County District Court asking for judge Mary Mattivi to issue summary judgement in his favor. Marotta contends that a contract signed between him and the couple included him giving up his parental rights and responsibilities.
Marotta’s lawyer, Benoit Swinnen, argued also that the state of Kansas was asking the courts to do what no court had ever done before in forcing a sperm donor to be a legal father when neither the biological mother nor the donor was seeking that result. Swinnen noted that there is established law regarding the contract that Marotta and the couple entered into.
Meanwhile, the state of Kansas under state co-counsel Timothy Keck is aruging that Marotta is the father of the girl born to the lesbian couple back in 2009 because Kansas law requires a licensed physician to perform the artificial insemination in cases involving sperm donation. Keck also tried to force a genetic test on the child, but that has been put on hold pending the other issues in the case.
The case goes to a hearing on 13 August.
It is unclear how this will play our or how the courts will rule on the case.