top of page

State seeks summary judgment in sperm donor case

Case to determine whether Topekan is a sperm donor or a father

Posted: May 28, 2013

 

By Tim Hrenchir

THE CAPITAL-JOURNAL

 

The state of Kansas has asked a judge to rule in its favor in the Craigslist sperm donor case without its going to trial.

 

The Kansas Department for Children and Families filed a 33-page motion Friday seeking summary judgment in the case it filed in October seeking to have Topekan William Marotta declared the father of a 3-year-old girl Jennifer Schreiner bore in 2009 so he can be forced to pay child support.

 

A summary judgment is a determination made by a court without a full trial.

 

Marotta is fighting the court action, 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.

 

Timothy Keck, designated lead co-counsel for the state, contended in the motion filed Friday that the contract was moot because those involved didn’t follow a Kansas statute enacted in 1994 requiring a licensed physician to perform the artificial insemination in sperm donor cases.

 

The motion says the law states in a “clear and unambiguous” manner that the sperm must be provided to a physician. It asks the court to order genetic testing in the case, which is being heard by Shawnee County District Court Judge Mary Mattivi.

 

Mattivi last month put the state’s request for such testing on hold, indicating she would first look at other issues involved.

 

The next hearing is set for noon June 5 in Division 10 of district court.

 

Benoit Swinnen is the attorney representing Marotta, while the state is represented by Keck, Melissa D. Johnson and David Davies. Mattivi appointed attorney Jennifer Berger to represent Schreiner. M. Jill Dykes was appointed as guardian ad litem to represent the child’s best interests.

The crowd weighs in.
A few reader comments

"Gay and Lesbian couples have children and the children benefit from two parents that love each other and the child. It matters not what they have between their legs. Scientific facts back that up not your belief system."

 

"As a person that has sold sperm, I am very concerned about this case. If the child support is granted, I could end up having the state or individuals coming after me and I did not even get to have sex with any of the women."

 

"No good deed goes unpunished in Kansas...He did a good deed and now is facing heavy legal fees, even if he wins ....and 18 years of child support if he loses.  The state of Kansas should be ashamed, for coercing the mother, AND for filing a frivolous suit against the donor in an effort to escape supporting the child."

 

 

 

 

 

"If any couple has a child from a sperm donor, the sperm donor should be out of the picture. The couple is responsible for that child!"

 

"Once again the State rears it's ugly head and dictates to We the People."

 

"Why is this any different than if it was a man-woman relationship and one parent worked, the other stayed home.. .and then they split and the primary breadwinner in the relationship can no longer work? It is THEIR child, not his."

 

 

 

 

Feedback

 

If you have corrections or anything else, send it to:

 

jjsite2015@hotmail.com

​​​

© Proudly created with Wix.com

bottom of page