In what seems to be a never-ending court case, it appears as if the current judge hearing the Kansas sperm donor case is about to make a ruling. The Kansas Department for Children and Families filed the case in October of 2012 against a man who donated sperm to a same-sex couple. The women had posted an ad on the internet seeking a sperm donor. After the child was born, the women split up and the parent who remained with the child full time applied for state assistance. This is when the state refused to help and went after the sperm donor as they believed he was responsible as the biological father. The three technically didn’t follow a Kansas statute that specifically deals with sperm donors.
The statute, KSA 23-2208(f), says, “The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor’s wife is treated in law as if he were not the birth father of a child thereby conceived, unless agreed to in writing by the donor and the woman.”
Attorneys representing the state of Kansas and William Marotta presented arguments to a Shawnee County District Court judge Friday in the Craigslist case, which focuses on whether Marotta is legally considered a sperm donor or the father of a 4-year-old girl.
At the end of a nearly hourlong hearing, Judge Mary Mattivi said she would issue a written ruling addressing motions both sides have filed seeking summary judgment in their favor. A summary judgment is a determination made by a court without a full trial.
Marotta is fighting the action. He says he didn’t intend to be the child’s father and signed a contract waiving his parental rights and responsibilities while agreeing to donate sperm in a plastic cup to Schreiner and Angela Bauer, who was then her lesbian partner. (source)
