William Marotta responded an advertisement on listings website Craigslist three years ago seeking sperm donors, placed by same sex couple Jennifer Schreiner and Angela Bauer. Marotta refused the $50 fee they offered and signed an agreement waiving all parental rights.
A girl was born. Bauer and Schreiner later split up but both remain active parents of their daughter. When the former couple later applied for health insurance for the child, Kansas Department for Children and Families (DCF) demanded the identity of their donor.
The department insists that Marotta is the legal father of the child as same sex couples are not legally recognised in Kansas. They also claim the legal agreement signed by Marotta is invalid, as:
“…Kansas does not recognize same sex couples as parents unless conception is through a licensed physician or a clinic.”
Only the child’s birth mother, Jennifer Schreiner, is named in the suit. Attorneys for Angela Bauer and William Marotta have asked a judge to reconsider the exclusion of the second woman, as well as filing for the suit to be dismissed.
In an official statement, the Kansas Department for Children and Families (DCF) insisted that it was following the law.
“In cases where the parties do not go through a licensed physician or a clinic, there remains the question of who actually is the father of the child or children. In such cases, DCF is required by statue to establish paternity and then pursue child support from the non-custodial parent.”
Marotta’s attorney Benoit Swinnen told NBC:
“The state will do anything to push their traditional notion of families and suppress any non-traditional type of parenting … It runs so contrary to the way the country is going.”
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