Sperm Donor Sued for Child Support

judgeAre you financially held accountable for donated sperm?

William Marotta responded to a Craigslist ad in 2009 and donated sperm to a lesbian couple after signing a written agreement that “held him harmless ‘for any child support payments demanded of him by any other person or entity, public or private.’”

A baby girl was born.

The two women broke up, and then they applied for state services.

Now, the Kansas Department for Children and Families has filed a child-support claim against Marotta!

“The state argued in court papers that because the insemination wasn’t performed by a licensed physician, the contract was null and void.”

Marotta’s paid thousands of dollars to an attorney to fight this, because he had “relinquished all parental rights, including financial responsibility to the child.”

The two women split in 2010 and “had eight children, including some they adopted.”

What do you think about this? I mean, he is the little girl’s father. However, he didn’t want to be her father. But if a man accidently gets a girl pregnant, he is responsible for child support, even if he doesn’t want to be a father. But this wasn't an accident, and he signed a release.

But the release wasn’t legit.

All of this seems a bit wonky to me. This story should at least give every man reason to think twice before donating sperm to someone on Craigslist.

Do you agree with the state? Do you think Marotta should pay child support? Comment below! 

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What do you think?

Sperm Donor Sued for Child Support

Kimberly Shannon is a wife, a mother, an editor, a writer ... She is always working to find the perfect balance¹! After Kimberly received her bachelor’s degree in Journalism, she worked on two master’s degree programs (Creative Writing, and Marriage and Family Therapy). At various times in her life she has signed up to study Naturopathy, only to back out at the last minute, and humored the idea of returning full-time to the world of dance. Kimberly has also started 10 different children ... More

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144 comments

  1. Jazmin says:

    he shouldnt have to pay. they wanted the child an he just helped make there pregnancy come true. then again he put him self in that position by answering the craigslist ad. craigslist is jus bad news waiting to happen.

  2. demerrell says:

    This is crazy, no he shouldnt be held responsible, there is a big difference from accidentally getting someone pregnant not wanting to be the father rather than being a sperm doner . This man was doing them a favor, which evidently they didnt need, 8 kids really and now on public aid if you cant afford them then dont have them i dont feel bad for people that live off the state. I work 1 full time job and a part time job and have 5 kids. i dont get public assistance but im pay for others to have public aid. I DONT FEEL LIKE HE SHOULD BE HELD RESPONSIBLE

  3. TaraLeigh says:

    This is unbelieveable -_- These women should be held accountable for splitting their own family and paying child support. They should not have won this case.

  4. Marotta absolutely, should NOT PAY CHILD SUPPORT!!! He donated sperm for crying out loud!!! This shouldn’t even be a question, what is wrong with the state that their so damn corrupt with hidden labs, spying on our privacy, and financing things the public tax payers would NOT approve of and then they want to go and claim that the agreement with the two said parties is not legit!! Well it was to them, and the state needs to pick up the tab, and stop being corrupt and liars!!!

  5. What were they thinking ? Regardless !!! Sperm donation results in the birth of a child . Being paid for his services or not , the realistic outcome , would be and is the birth of a human being .
    Not being accountable for this child is ludicrous !! I’M sure there are a lot of ” sperm donations , everyday done freely .And some with the intention of never being held accountable for his or her actions . Regardless he signed a illegal document holding him unresponsible for the child , the fact is ..he is responsible for the child . This was not a legal sperm bank .
    I’m sure a lot of men would like to ( play this trump card ) .Resulting in no child support being paid for the welfare of the child .The child is the one that needs financial support , food and clothing and medical .

  6. nichole says:

    the man donated his sperm and relinquished his rights which means he has nothing to do with the child physically, emotionally, or financially. This is just ridiculous. he is not involved just because the women split up. they are the parents of this child and ONE OF THEM is responsible for child support not him.

  7. Felicia says:

    this is absolutely ridiculous. these 2 woman are the parents of this child. this man donated his sperm, the agreement was good when the 2 woman were together but now seperated he is involved?? no. the 2 parents (2woman involved) are responsible for this child. therefore one of them is responsible for child support. its funny how they wanted full protection from this man while they were together but expect him to be responsible now that they seperated. ridiculous.

  8. Lorna says:

    Only in America!!! Ridiculous and pathetic.

    #1. How many people go on Craiglist to donate sperm? Only an egomaniac.

    #2. How can you give away something so precious and priceless to a stranger? So I guess the new yardstick of measurement is how many children one can father. Giving furniture away makes perfect sense if your moving. Giving clothes away makes sense if you gained or lost weight. Giving a car away makes sense to help someone who has no way of commuting to and from work. Giving money away shows empathy for those in need of food and shelter. I can wrap my head around the sperm donation. No pun intended.

    #3. Who gives away their parental rights to a child who has not been conceived or a minor for that fact. That was a no brainer and a setup. When you gave up your rights as a father, the mother assumes the responsibility of advocating on behalf of the child.

    #4. What good father would not be concerned about the well-being of his child. A contract cannot make you a parent nor can it ever stop you from being one. Contracts are legally binding however they may become null and void if contested or under a certain clause. Contracts and morality are two different t things and sometimes may conflict. Contracts protect the investors as well as the innocent. Buyer be ware. Donor be more aware.

    Although I don’t agree with the ruling, the best interest of the child is more important. All children have the right to have their basic needs met regardless- evens if the father was a sperm donor. Both mother and father need to provide for the child. The fact that the mother had 7 other children sends a red flag. It was business so Mr. Sperm Donor, don’t take it personal.

    I only wish that the courts did not have to get involved and force fathers to pay child support. I wish that mothers would respect themselves more and not but into the lie that he will stay or pay because you have his child. The courts cannot enforce morality. We must do it. The courts expose what is broken in our society and offer a financial compensation. That is a bandage approach to a deep infected wound.

    I personally feel sorry for all the parties involved. This is a tragedy and travesty with ruined lives. God help us.

  9. lynnee says:

    I feel sorry for the guy . He should not have to pay a cent . He already gave up his rights.

  10. Teresa says:

    This is ridiculous because the woman wants free money and she is also ungrateful to his generosity. The poor men helped them out, and drafted a mutual agreement between all parties involved! He then proceeded with donating his sperm. This goes to prove as to why there are not a lot of good samaritans out there now ,because for nearly every good action theres nearly an equal bad outcome. This why society is getting worse every day. Everyone is out there to get someone else. The state just doesn’t want to help the women out anymore than he has to , so of course it is convenient to hold the poor guy accountable so they can give less assistance. A lot of things go on within the state and the government , that is mainly in the best interest of the government and not its people . Although it may be put as though they are looking out for its people by making certain laws , in reality they are looking out for themselves. How can making an agreement in writing without an actual lawyer and certain professionals be deemed invalid? Well thats definitely in all the extent of the words, very unjust, and wrongly interpreted and decided by our court system. First of all not everyone has money, and if they did they would definitely in my opinion , go to a specialist and a sperm donor bank to do everything in the most favorable conditions. Which are , and we all know it , specialist who perform tests in order to insure the best possible donors as well as the best possible sperm. And lets not forget also working with the mom to insure the procedure will be safe and effective. Other than that why should we , the population , be forced to go spend money that we don’t have , to go to specialists if we can do it ourselves , going to specialists should be voluntary and not legally mandated in order for something to be legal. Of course , there should always be exception to certain rules, but in my opinion ,
    The man should be protected by his contract due to the fact that he put the mutual agreement in writing , and not be held accountable due to the ridiculous and unjustful descision of a judge who is supposively following some ridiculous law that in order for a sperm donor not to be held accountable for parental obligations , such as child support , “He should donate his sperm to a sperm bank and not personally to the recipient.”
    Due to the fact that the man put it in writing and that all parties involved agreed “in writing”, therefore the man felt safe to help the poor two women , as no doubt he probably thought, to have a child of their own , who in his eyes had no means to go to a sperm bank. I mean really , you are doing something good, what could go wrong?????? Well , there you have it.
    You can’t really compare this case to a man who has intercourse with a woman an has no desire to be a father , because its not the same. The woman got pregnant while having intercourse with you , oh, well you are responsible , period. You should have thought it out twice before listening down there, to the little thing between your legs. But , on the otherhand if you donated your sperm , no matter on how you went about it, you should be protected as long as you have it in writing and signed by all parties involved.
    And lastly i definitely hope that if and when this man appeals the outcome will be in his favor.

  11. Thomas says:

    This is where science and law have failed us, and our schools have promoted it. A baby is just an egg and a sperm. When I thought about it, it was much more, and deeper than that. It is true marriage. A time machine and a trip in time. It is when time begins, the big bang. The porthole opens, a black hole at the center of all things. Before, only an egg. Luckily for the man, he rides shot gun. For the woman, what is going on and happening in her body. A literal black hole at work, ripping away a copy of the woman that is carrying the baby. Literally pulling the woman inside out and through the worm hole.

    Once the egg is fertilized, there are two cells. Him and her. Together they will share one body. Their minds, both working together, one connected to the mouth.

    When you look into the mirror, who is it you see? It is not just one of you, but both parents that are within you. This is what is marriage, why it is important for both natural parents to participate in their child’s life. You can not sign this away, a contract of life itself.

    No doubt this also leads to misconceptions or new truths, especially when rules to deal with ‘over population’ or ‘perfect humans’. Children of the state. Classes of children, those that will grow to be strong and docile with a strong urge to obey those that control the flow of rice. Children of the sky, who will bathe in endless supply of plenty, no matter their want or desire. Engineered DNA, the return of Adam. The bull stud of miners, all miner look like him, but are sterile. In time, my concept of marriage will seem quaint, even less than now.

    When I was born, I carried with my my father’s knowledge. Thus his sin is also mine. He was not around to help me to understand and overcome. I have figured it out myself as best I can with only my mother’s harsh words to guide me. I like in Alaska. The native babies. First they crawl. Then they stand up. They do the tradiotional native dance, diaper and all. Then they walk. Within them, they have the knowledge to thrive along their waters and those nearby. A person of the desert might starve or accidentally die when forced to move far from his rivers, say the opposite of what was true, the difference no less the same. To force march from Arizona to Florida. Nothing in their DNA prepares them for their ‘new life’ and they become dependent on the state for guidance. Culture is lost. Family has no meaning. And freedom has become a choice to labor for the few or to hunger. Work and payoff everything, to lose it all because of an overdue $350.00 water bill, to the curb so the new workers have comfort.

    If I had 35 children, I would want to know and love them all, as if they were me, as fully half of them are me. When I wear lipstick (example) and kiss one on the cheek, a redness appears on my own face. Married to each and every one of them, the ones within the body of the child we share.

    • Lorna says:

      Thomas. Thank you for your words of wisdom. The family is the unit by which society thrives or dies. What were witnessing is the death of marriage, the death of the family, and the of a civilized society as we know it. We have aborted love for worldly pleasures. We have substituted morality for money.

    • Lorna says:

      Only in America!!! Ridiculous and pathetic.

      #1. How many people go on Craiglist to donate sperm? Only an egomaniac.

      #2. How can you give away something so precious and priceless to a stranger? So I guess the new yardstick of measurement is how many children one can father. Giving furniture away makes perfect sense if your moving. Giving clothes away makes sense if you gained or lost weight. Giving a car away makes sense to help someone who has no way of commuting to and from work. Giving money away shows empathy for those in need of food and shelter. I can wrap my head around the sperm donation. No pun intended.

      #3. Who gives away their parental rights to a child who has not been conceived or a minor for that fact. That was a no brainer and a setup. When you gave up your rights as a father, the mother assumes the responsibility of advocating on behalf of the child.

      #4. What good father would not be concerned about the well-being of his child. A contract cannot make you a parent nor can it ever stop you from being one. Contracts are legally binding however they may become null and void if contested or under a certain clause. Contracts and morality are two different t things and sometimes may conflict. Contracts protect the investors as well as the innocent. Buyer be ware. Donor be more aware.

      Although I don’t agree with the ruling, the best interest of the child is more important. All children have the right to have their basic needs met regardless- evens if the father was a sperm donor. Both mother and father need to provide for the child. The fact that the mother had 7 other children sends a red flag. It was business so Mr. Sperm Donor, don’t take it personal.

      I only wish that the courts did not have to get involved and force fathers to pay child support. I wish that mothers would respect themselves more and not but into the lie that he will stay or pay because you have his child. The courts cannot enforce morality. We must do it. The courts expose what is broken in our society and offer a financial compensation. That is a bandage approach to a deep infected wound.

      I personally feel sorry for all the parties involved. This is a tragedy and travesty with ruined lives. God help us.

  12. fenesha says:

    He shouldn’t be held accountable. It goes to show that our legal system needs to get with the times. These women knew what they were getting into and the guy well Craigslist for something like this one should always be wary of such ads andif still ccompelled to do so get your own legal papers drawn up to protect yourself. If you dont protect yourself then no one will.

  13. Raven says:

    I don’t agree with the state. I mean, yes, he did do it willingly, and it was not a mistake, but he was trying to help out a couple by allowing them to have their own baby. To me, it’s no different then the women going to a sperm bank and getting IVF. Just because the procedure was not done by a health care professional doesn’t really change things. And if his signing the release was enough for the women, it should be enough for the state.

  14. LuAdrian says:

    No I dont think he should pay.

  15. mommy nhoj says:

    He shouldn’t be paying child support as per original agreement

  16. LIZ says:

    poor men, 🙂

  17. Chris says:

    William Marotta ended up losing the case but he is planning on appealing the decision. Below is a link with more information on why the case was decided this way which is due to the fact that after receiving the sperm, the women did the insemination at home instead of going to a doctor making the agreement of no financial obligation by Marotta in the state of Kansas null in void.

    http://www.cnn.com/2014/01/23/justice/kansas-sperm-donation/

  18. Michelle says:

    I’m more curious to know who won the case.

  19. if you watch any lawyer shows you will always hear the judge ask ” did you get it in writing and all parties signed it” and therefor even if it wasn’t legit I feel as though he was just trying to help a happy couple and probably make a few dollars on the agreement, good luck the guy who was helping them out and it is also sad to hear that they had 8 children and now separated poor kids…

  20. Lisa says:

    no he shouldnt be sued they signed an a agreement point blank! she shud be suing her ex partner not him…..but he shud of had the agreement looked at by a lawyer and stamped…..she jus had to take it out on sumone and she probably didnt have ne money also…..now its gonna make it harder on those who want to have a kid on their own…he shudnt be sued!

  21. Kristy says:

    I don’t agree that he should have to pay, because he was doing them a favor. Now if this goes through then they will find a way to make those who do it the “right way” still have to pay if someone splits or gets mad. They should put the responsibility on those who wanted the child and make them be what they are suppose to be….PARENTS!

  22. Makela says:

    WOW Thats messed up 🙁

  23. Krystal says:

    NO! I do not think he should be held accountable for the child support. This is an entirely different situation from “But if a man accidently gets a girl pregnant, he is responsible for child support, even if he doesn’t want to be a father.” Yes, the man himself produced the child and did not want her, but TWO LESBIANS WHO COULD NOT REPRODUCE TOGETHER THEMSELVES WHO WANTED A CHILD TOGETHER DID! It’s not a matter of fact that a deadbeat father should be accountable, but rather, a man wanting to help out a couple who could not have a child on their own and then went around and took advantage of that man’s kindness………… THIS IS EXACTLY WHAT IS KILLING KINDNESS AND WHAT IS WRONG WITH THE WORLD NOW A DAYS, BOTTOM LINE!

  24. APRIL says:

    WOW! what a complete failure of the entire legal system. He didn’t want the baby girl but knew what the intentions were and should have taken greater measures to protect himself in the event that the couple split. a call to the attorney before donation would have been a little smarter!!!

  25. Cornelius says:

    I think he should not have to pay it was a decision they all made for him to sign the contract and release all rights

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