top of page

Genetic testing request stayed in CraigsList case

Judge Mattivi to look at other matters before addressing testing

Posted: April 5, 2013

 

By Tim Hrenchir

THE CAPITAL-JOURNAL

 

The Shawnee County District Court judge hearing the CraigsList case has put on hold a request for genetic testing sought by the Kansas Department for Children and Families.

 

Judge Mary Mattivi issued the order staying the request on Friday.

 

The Department for Children and Families sought genetic testing as part of a case it filed in October seeking to have Topekan William Marotta declared the father of a 3-year-old girl Topekan Jennifer Schreiner bore in 2009 so he can be forced to pay child support.

 

Marotta is fighting the attempt, saying he signed a contract waiving his parental rights and responsibilities while agreeing to donate sperm to Schreiner and Angela Bauer, who was then her lesbian partner. Marotta contacted them after they placed an advertisement seeking a sperm donor on Craigslist.

 

The state contends the agreement was moot because it didn’t follow a Kansas statute requiring a licensed physician to perform the artificial insemination.

 

Mattivi’s order issued Friday addressed the state’s motion asking that Mattivi order genetic testing in the case to determine the girl’s father.

 

Attorney Benoit Swinnen, representing Marotta, objected, accusing the state of purposefully misstating the issue as being the child’s paternity. Swinnen asked the court to focus instead on the validity of the sperm donor contract between Marotta and Schreiner and a parenting agreement between Schreiner and Bauer.

 

Mattivi’s order issued Friday staying the motion for genetic testing indicated she would first look at other issues involved in the case before deciding whether to require such testing.

 

An evidentiary hearing is scheduled to take place in the case beginning at 1:30 p.m. Tuesday.

bottom of page