Sperm donor contract not valid, child support ordered

When a man in Kansas entered into a contract with two women to become a sperm donor, he believed he would be relieved of his parental responsibilities. However, according to a judge in a Shawnee District Court, that is not the case.

The man answered an ad placed on Craigslist by the lesbian couple, who were looking for a sperm donor. A contract was signed in which the man waived his parental rights. The biological mother gave birth in 2009. The reason why the judge ruled that the man was the child's father was because a physician did not perform the insemination process, which is required under state law for a man to be considered a sperm donor.

In October 2012, the state sought to have the man declared the child's father in order to have him held responsible for public assistance that the mother had received on the child's behalf. In addition, the state wanted the man to pay child support. The judge ruled that the man must pay child support, although his attorney has said the ruling will be appealed if his client desires.

For those in California considering using a sperm donor for artificial insemination, it's important to know all of the possible legal outcomes. A case in California in 1986 highlights this fact. A sperm donor wanted to become involved in the child's life. Because a physician's services weren't used, the court ruled that the man was not just a sperm donor, but the father.

An experienced California family law attorney can provide valuable advice and guidance on this sometimes sensitive subject.

Source:, "Court: Marotta is a father, not merely a sperm donor" Steve Fry, Jan. 22, 2014

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