A Topeka, Kan., man being pursued by the state for child support in a sperm donor case is asking a judge to rule in his favor before a trial begins.
William Marotta’s attorney filed a motion earlier this week in Shawnee County District Court asking for the summary judgment for his client, contending that the Kansas Department for Children and Families is asking the court to do “what no court has ever done” in concluding that a sperm donor is a father when neither the donor nor the biological mother is seeking that result.
The state wants Marotta to be declared the father of a child born to a lesbian couple in 2009 after he donated his sperm. That would require him to pay child support, but Marotta and the couple said they agreed he would have no parental responsibilities toward the child.
Marotta argues he and the couple signed a contract waiving his parental rights and responsibilities.
The state filed a motion in May seeking a summary judgment in its favor. Timothy Keck, a co-counsel for the state, contended in that motion that the contract between Marotta and the couple was invalid because they did not follow a Kansas law that requires a licensed physician to perform the artificial insemination in cases involving sperm donors.
Keck’s motion also asked the court to order genetic testing on the child, but District Judge Mary Mattivi put that request on hold while she considered other issues.
Marotta’s attorney, Benoit Swinnen, argued in his motion that the court should apply well-settled law to conclude that the sperm donor contract in Marotta’s case is valid and enforceable. He also asked that the court find that his client is not the girl’s father and that he has no responsibility to pay any child support or other expenses related to the child.
A status hearing scheduled for August is the next court action scheduled in the case.