DNA results: 99.9 percent certainty sperm donor William Marotta is father of 5-year-old girl
Test results officially entered into Shawnee County District Court records
Posted: August 18, 2015
By Ann Marie Bush
A DNA sample obtained in June from William Marotta shows with a 99.9 percent certainty he is the father of a 5-year-old girl born after he donated sperm to a Topeka same-sex couple.
However, the prolonged legal battle in which the state contends Marotta is legally the father of the daughter born in 2009 to Topekan Jennifer Schreiner will continue in Shawnee County District Court.
District Judge Mary Mattivi on Tuesday morning ordered that Marotta’s DNA results be entered in the official record.
“I’d just like it recorded that we object,” said Marotta’s attorney, Charles Baylor.
Mattivi said results show 99.9 percent certainty that Marotta is the girl’s father.
The judge in June ordered the test results to remain sealed until the Kansas Supreme Court resolved a motion filed by Marotta’s attorney asking the court to take steps that included removing Mattivi from the case.
The high court, in a five-sentence statement issued June 26, denied motions filed June 10 by Baylor. That ruling allowed the DNA results to be entered into record in Shawnee County District Court.
Baylor asked the court to reassign the case to a different judge, issue a citation forcing Mattivi to show cause as to why she shouldn’t be found in contempt of court, and issue a stay of district court proceedings in the case.
The Topeka Capital-Journal was the only media outlet present in the courtroom for Tuesday’s status conference.
On June 26, Mattivi ordered that Marotta undergo genetic testing to determine whether he is the girl’s biological father. Mattivi also had previously ordered the testing in April and in March 2014.
A professional capable of taking the DNA sample was present in the courtroom during the June 26 status conference. Marotta, who didn’t appear in court Tuesday, underwent the testing in the courtroom after Mattivi left.
The Kansas Department for Children and Families since October 2012 has been seeking to have Marotta declared the father, so he can be forced to pay child support regarding Schreiner’s daughter.
Marotta said he didn’t intend to be the child’s father while agreeing to donate sperm to Schreiner and her same-sex partner at the time, Angela Bauer. Marotta contacted the women after they placed an ad seeking a sperm donor on Craigslist.
On Tuesday, several attorneys were gathered at three tables in Mattivi’s courtroom — Baylor, three for the state, one for the girl, one for Schreiner and one for Bauer.
Benoit Swinnen, who had served as legal counsel for Marotta, filed a motion May 19 to withdraw as Marotta’s attorney. Baylor took over the case on Marotta’s behalf.
After Mattivi entered the DNA results into the record Tuesday, she asked the attorneys to discuss a timeline for briefs.
Attorneys earlier had agreed to argue a portion of the case through legal briefs.
In about 10 minutes, all attorneys had agreed to the following timeline:
■ Oct. 2: Deadline for the state to initiate briefs.
■ Nov. 16: Deadline for all other attorneys involved in the case to reply to the briefs.
■ Nov. 30: Deadline for state’s rebuttal.
■ Dec. 15: Deadline for all other attorneys’ rebuttals.
The attorneys also agreed to proceed under a rule that there is no necessity for a hearing without a specific request.
Supporters have established a page to raise money to help cover Marotta’s legal costs at http://www.gofundme.com/kstramplesrights.