Should Sperm Donors Be Held Financially Responsible?

Three years after a Kansas man donated his sperm, the state wants him to pay child support.

A mechanic who answered a Craigslist ad to donate his sperm to a lesbian couple, is now being pursued by the State of Kansas for child support, reports the Kansas City Star.

In 2009, Angela Bauer and Jennifer Schreiner entered into an agreement with the donor, William Marotta to provide his sperm. They signed a contract that outlined he would be free from any financial responsibility as well as parental privileges, according to the newspaper. The legal contract stated Marotta was not responsible “for any child support payments demanded of him by any other person or entity, public or private, including any district attorney’s office or other state or county agency, regardless of the circumstances or said demand.”

Although the women offered $50 per donation, Marotta and his wife met with the women and agreed to the contract without accepting the money, reports ABC news

Now three years later, the mother fell into financial hardship and was told by the Kansas Department of Children and Families that the name of the father was required in order to obtain assistance, ABC reports.

The State of Kansas argues their contract is not valid because the artificial insemination was not performed by a licensed physician; Marotta is therefore responsible for child support

Marotta's lawyer argues that if the law only protects donors inseminated by a licensed physican, any woman could have a donation shipped and inseminate herself in order to pursue the donor for money.

What do you think?  Should any sperm donor be held responsible for child support?

BH January 04, 2013 at 04:48 PM
If this process is done without licensed doctors/facilities then yes they should be held liable. If the process is carried out through licensed/regulated means then the donor should never hold any responsibility. It's near impossible for a man to impregnate a woman without his own consent, this shows a clear intent and premeditation of intercourse and what can result. Sperm donation gives the woman/couple the choice to utilize such means to become pregnant which should not allow donors to become liable.
Emcee of Seekonk January 04, 2013 at 05:16 PM
There's gotta be an easier way to make babies. However, if there is a danger that any contract can be non binding, then let it be a warning to future donators: giving away these freebies just might not be so free, after all. Besides, why would a married guy want to get tangled up in this kind of situation, anyway. Are children just something to be handed off willy, nilly?
Melissa Troiano January 04, 2013 at 05:20 PM
Absolutely not! It was the woman's choice to go to the sperm bank and if single to be a single parent. Why make someone who doesn't even know you pay for something YOU wanted? I'm a single mother and not by choice but if u go and choose to have ur self impregnanted through a sperm bank.... you should be financially able to raise the resulting baby. I mean if you have the money to go through in vitro u should be able to support the baby on your own.
Amy January 04, 2013 at 06:03 PM
He should not be financially responsible, but if he is, then he should have shared custody and a say in how the child is raised if he want's it. Where's the other Mother? Shouldn't she pay child support? I wish people would have more regard for human life.
Avon Barksdale January 04, 2013 at 06:07 PM
This is why we need Physician Assisted Spermicide laws passed immediately.
Amy January 04, 2013 at 06:38 PM
Avon that is a great idea! The Gvm't would set up a committee to study how babies are made. They won't be able to figure it out, so they’ll need to form an additional Gvm't bureaucracy: The Department of Sperm. I can think of many already in office that could head it up. They’ll need seed money of course so, they’ll need to raise taxes on everyone who uses sperm. It still won't be enough money so, they’ll need to raise an additional 674 bazillion to keep it moving another few months. They’ll need to vote on it before the end of the year or everyone will lose their sperm rights.
Emcee of Seekonk January 04, 2013 at 06:46 PM
"...they’ll need to raise taxes on everyone who uses sperm." LOL. But seriously, why not a sales tax on sperm? So much of it is wasted every day, maybe it could be bottled and sold. There seems to be a market for it.
Avon Barksdale January 04, 2013 at 06:59 PM
BH January 04, 2013 at 07:48 PM
http://www.boston.com/lifestyle/gallery/benseisler_kids/ This guy may be in some financial trouble... There really should be some limitations though.
Jack January 04, 2013 at 08:22 PM
Can we get back to news that matters??? What does this have anything to do with Dedham????
BH January 04, 2013 at 08:35 PM
What matters to you Jack may not matter to others. Sperm donation is a real thing that affects thousands if not millions every year in this country, state and I'm sure your town. If you don't have interest then why click on the link, sign in and continue to comment? Why not just move on.
Emcee of Seekonk January 04, 2013 at 08:44 PM
Or Seekonk, for that matter? We just got to talking about Barney Frank, and one thing led to another.
paul January 04, 2013 at 08:53 PM
This whole thread makes me ill, nothing in this story is natural. Guys should be careful what they do with their sperm. Like my dad always told me "don't get a girl in trouble".
Indiana January 04, 2013 at 09:00 PM
Jack although it is news the MSM will make it a crisis and like Amy said it will soon be funded. Welcome to Obamaland
Indiana January 04, 2013 at 09:23 PM
So let me get this straight - neither of the two lesbians could hold a job - and in order to collect welfare the male donor is the one getting $cre*ed - okay
BH January 04, 2013 at 09:24 PM
What does the government taking our money have to do with Obama? Welcome to every presidency in our lifetime is more like it.
BH January 04, 2013 at 09:25 PM
Oh btw, see how we'll be funding 1 billion in repairs and upgrades to the Mass transit system? I haven't taken a train or bus in ten years but now I have to pay for some guy to take the T to the sperm bank?
Indiana January 04, 2013 at 09:45 PM
Agreed just he will be taking more than ever - agree with the T to the sperm bank - LOL
Just Me! January 05, 2013 at 03:04 AM
the contract was between the woman and the man...why is the contract non binding again?
Paul January 05, 2013 at 03:43 PM
Maybe the people withdrawing from the sperm bank need to post a bond for future child support. $10,000 or $50,000 .. and this could be invested to generate income to pay for any kids whose parents decide to try and collect welfare or social services. Should all parents be subject to this? But if we truely have equality, then single sex couples can marry and the 2 have financial responsibility, not the biological father. If you adopt, they don't go after the birth father for child support, the adoption cancels that right. The part about only allowing licensed physicians is bull. That would imply that a licensed physician would have to deliver a baby, and if they didn't that child would qualify for any benefits for their entire life. We don't need the government dictating that doctors have to be involved.
Bob Thomas January 05, 2013 at 05:31 PM
If a doctor didn't conduct the insemination process could it be that a three or four-way process took place in several instances? By doing the nasty pro bono, the donor invalidated the contract because money has to change hands to complete the terms of a contract. That's presumably the way it was written.
Just Saying January 05, 2013 at 11:12 PM
She didn't go to a sperm bank, she took out an ad on Craigslist seeking a sperm donor. Also, it said nothing about invitro, it was probably either a turkey baster or the old fashion way.
Christopher Williams January 06, 2013 at 10:04 PM
That bs that you have to use a doctor he should not have to pay
Jerry Chase February 26, 2013 at 02:47 AM
Bob Thomas is correct here. There are four conditions for a valid contract, and one of them is "consideration"; i.e., money changing hands. The donor would have been wise to have accepted a token amount rather than nothing, because there does not appear to be a cogent rationale for a pro bono donation.
Terry J March 31, 2013 at 11:57 PM
Perfect reason to alloy same sex marriage. If the lesbian couple were married the two 'parents' would have full custody of the issue of their marriage. The donor would not be in the chain of responsibility for the child.


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