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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.

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