A Topeka, Kansas, man will not be forced to pay child support after donating sperm to a same-sex couple. District Court Judge Mary Mattivi ruled that William Marotta is not legally the child’s father after answering a 2009 Craigslist ad that offered $50 for a sperm donation, The Topeka Capital-Journal reported.
The couple who posted the ad, Jennifer Schreiner and Angela Bauer, inseminated Schreiner at the couple’s home. “I think she was uncomfortable with the whole insemination,” Bauer said in 2012.
“It was the weirdest interaction I’ve ever had with a health care professional,” she said. At the time, she stated she was “forever grateful” to Marotta.
In 2010, the two split and Schreiner receive assistance from the state, according to the Associated Press. Bauer, who was out of work, receives disability checks. Kansas' Department for Children and Families filed a petition in 2012 to legally make Marotta the child’s father and pay additional expenses for the child’s birth and child support.
Mattivi ruled that Bauer, who did not give birth to the child, is considered the child's second parent rather than Marotta who signed a contract waiving his parental responsibilities. Despite genetics testing that showed there was a 99.9 percent chance the man was the child's father, the judge provided 10 reasons why he should not be legally considered the child’s parent.
“A negative result regarding (Marotta) might leave (the child) without a financially solvent parent, but it would not leave (the child) without a legal parent,” Mattivi listed as one of her reasons.
The Department for Children and Families has not stated whether there are plans to repeal the judge’s ruling. However, the department stated that they were disappointed by the Mattivi’s decision. Secretary Phyllis Gilmore said that "the law pertaining to sperm donors is clear and was ignored in this ruling."