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Donate sperm, get ... a child support order? That's what happened to one Kansas man after a judge ruled that in his case, he was more than just a "sperm donor" in the eyes of the law.
Judge Mary Mattivi ruled Wednesday that William Marotta, who donated sperm to a lesbian couple, is their child's legal father. Judge Mattivi determined that a lack of formal medical arrangements forced the law to recognize Marotta as the father, who should be required to pay child support, reports The Topeka Capital-Journal.
Does this change the game for men hoping to make a quick buck by donating sperm?
William Marotta responded to an ad that Jennifer Schreiner and her lesbian partner placed on Craigslist in search of a sperm donor. According to The Associated Press, Marotta signed a contract with the couple waiving his parental rights, and the baby was born to Schreiner in 2009.
Three years later, the Kansas Department for Children came after Marotta for a share of public assistance -- $6,000 worth.
Sperm donation contracts are actually a very good idea, as they can prevent custody battles between the donors and the parents. The problem is that these kinds of contracts may not be enforceable if they conflict with state law.
Judge Mattivi ruled that Kansas law required sperm donors be let off the "daddy" hook only if a licensed physician artificially inseminates the potential mommy.
Because Schreiner's insemination procedure was not performed by a licensed physician, Marotta is not eligible for any of the protections normally given to sperm donors in Kansas, the judge explained.
To avoid Marotta's fate, here are some tips to keep donors legally protected:
And above all, be cautious; as seen in William Marotta's case, donating your sperm can potentially lead to support obligations that you didn't intend to bear.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.