Artificial Insemination, Child Support, Contract Law, Craigslist, Judge Mary Mattivi, Kansas Department of Children and Families, Kansas District Court, Parental Rights, Shawnee County, Sperm Donor, William Marotta
Sperm Donor Ordered to Pay Child Support Despite Agreement, by Nancy Kim, ContractsProfBlog
A man responded to a Craigslist ad for a sperm donor posted by two women. Each of them signed an agreement that the man waived his parental rights and responsibilities. A child was born as the result.
Regardless of the parties’ written agreement, the Kansas Department of Children and Families, not the two women, sued to have the man declared as the legal father of the child. As the legal father, the Kansas Department of Children and Families asked the Court to award it $6,000 award against the man for past and future child support.
Because a Kansas statute requires a physician to perform the artificial insemination procedure, a Kansas District Court ruled that a sperm donor’s self-designation in the parties’ agreement was insufficient to waive parental rights and responsibilities. Therefore, the Judge decided that the Kansas Department of Children and Families was right – the man was indeed the legal father and owed the demanded child support. -CCE