Kansas sperm donor fights back after state forces him to pay child support

TOPEKA, Kansas  – It’s probably one of the most bizarre Craigslist transaction, involving a lesbian couple desperate for a sperm donor, and a Topeka man willing to help.

Little did he know that act of kindness would lead to a lengthy child support battle that continues to this day. Recently this controversial case led to a court ordered DNA test that revealed he is a father, “I’m the sperm donor, I’m not the father,” William Marotta said.

If Marotta had a nickel for every time he’s said that in the past three years, he’d have enough money to pay off the amount the state of Kansas wants in back child support, “Cause it would be really easy for me to just pay off the money and be done,” Marotta said. “But that’s not the point, shouldn’t have been done in the first place, it’s wrong.”

The person he believes is responsible for the wrongdoing, Governor Sam Brownback, “I believe he’s sat down with a group of his people and said ‘okay,this is what I want to do, how do we accomplish that.’”

This all started when Marotta donated his sperm to the lesbian couple in 2009 after seeing their post on craigslist. Marotta accepted to help the couple, and later that year the couple had a little girl, “Angie and Jennifer are the parents,” Marotta said.

However the state of Kansas won’t accept that. Despite the fact that the lesbian couple and Marotta signed a contract giving up all parental rights to the child.

“Angie at one point called the department of child services and said, ‘You shouldn’t be asking this guy for child support. I’m the other parent,’ and they literally truly told her, this is none of your business, go away,” Marotta said.

At that point Marotta knew something was fishy, why would the state want to take someone to court, instead of someone who is willing to pay? “I know what my legal bills are it’s easily ten times what the amount is,” Marotta said.

He also find’s it odd that a lawyer from Brownback’s administration is involved in the case, “Somebody in the administration somewhere said I want to make and example,” Marotta said.

When I reached out to Brownback’s administration they said they can’t comment on case specifics, but did tell me, “If an individual wants to have the protections of a sperm donor, he needs to follow the law. In addition, parental rights can not be signed away without following adoption laws,” Theresa Freed, DCF spokesperson said.

“I still think I did the right thing, I think the states doing the wrong thing,” Marotta said.

And he vows to keep fighting all the way to the state supreme court.

According to Marotta his lawyer has only found one other case in the United States where this has happened, but in that case the sperm donor had changed his mind and requested visitation with the child. Something Marotta’s never wanted, or asked for.

Marotta’s attorney says he’s acquired enough legal bills throughout this whole ordeal that he could buy a new car. To help, Marotta’s friends have an upcoming fundraiser and have setup a Gofundme site. For information on the fundraiser click here, if you would like to donate to the Gofundme site click here.

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