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Court Says Craigslist Sperm Donor Must Pay Child Support
Hugh Pickens DOT Com writes "David Stout reports at Time Magazine that what began with a Craigslist ad from a lesbian couple calling for a sperm donor in rural Topeka, Kansas ended in court on Wednesday with a judge ordering the sperm donor to pay child support. The Kansas Department for Children and Families filed the case in October 2012 seeking to have William Marotta declared the father of a child born to Jennifer Schreiner in 2009 so he can be held responsible for about $6,000 in public assistance the state provided, as well as future child support. 'In this case, quite simply, the parties failed to perform to statutory requirement of the Kansas Parentage Act in not enlisting a licensed physician at some point in the artificial insemination process, and the parties' self-designation of (Marotta) as a sperm donor is insufficient to relieve (Marotta) of parental right and responsibilities to the child,' wrote Judge Mattivi. Marotta opposed that action, saying he had contacted Schreiner and her partner at the time, Angela Bauer, in response to an ad they placed on Craigslist seeking a sperm donor and signed a contract waiving his parental rights and responsibilities. 'We stand by that contract,' says Defense attorney Swinnen adding that the Kansas statute doesn't specifically require the artificial insemination be carried out by a physician. 'The insinuation is offensive, and we are responding vigorously to that. We stand by our story. There was no personal relationship whatsoever between my client and the mother, or the partner of the mother, or the child. Anything the state insinuates is vilifying my client, and I will address it.'"
I don't think you can blame the parents for "fucking over" the donor: it's the Kansas Department for Children and Families that has brought the case, and the recipients of the funds may not have a say in the matter.
Unfortunately decades of trying to get deadbeats to pay up means that the laws are very strict, and you are correct that everyone involved was stupid for thinking they could just throw together their own contract without bothering to check their state's laws on the subject.
No kidding!!! What do you say at this point?
Selfish dykes ruining shit for the rest of the lesbians...
From the summary: "The Kansas Department for Children and Families filed the case in October 2012 seeking to have William Marotta declared the father of a child born to Jennifer Schreiner in 2009 so he can be held responsible for about $6,000 in public assistance the state provided"
No sig today...
.... and you are correct that everyone involved was stupid for thinking they could just throw together their own contract without bothering to check their state's laws on the subject.
This is what's wrong with the legal system in my opinion. Intent means nothing these days. Crossing your T's and dotting your I's is all that matters...
Let's be a trifle more charitable here.
It seems as though the state pursued this case off it's own bat. If you'd fallen on hard times and the state told you to name the father of your child or potentially not eat and have that child taken away from you, what would you do? The state is overreaching here, and it may well not be the mother's fault she's fallen on hard times. It can happen to anyone, through illness, divorce, sudden unemployment. The idea that all people who need state support are mere leeches is a poisonous stereotype perpetuated to justify the laissez-faire, let 'em starve approach taken by money-minded politicians and their aparatchiks.
While I broadly agree, it doesn't appear the lesbian couple actually asked for the guy to pay child support; that was all on the state's initiative.
Citing the above, since it's very relevant. The issue here is it's a government agency abusing a loophole (well, not really a loophole since it's intended, I suppose) to get paid back for $6000 in state services. They've essentially gotten a two for one deal - not only do they get reimbursed for the matter, but they also managed to set a nice little precedent for future cases like this.
In short, make sure the blame stays on the Kansas Department for Children and Families.
And the masses cried out, "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0!"
This case will make it that much harder for lesbian couples to obtain a sperm donor. Like many laws and regulations, it'll ensure that things only occur when the proper people (in this case fertility clinics) get their cut.
Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
It seems like her relationship with her partner broke down. Sounds like they were fine when she got pregnant but subsequently things went wrong. It happens, and if the law was sensible it would hold her partner responsible for the child rather than the biological father. After all, they decided to have a child together as the two parents, on the basis of them both being able to care for and support it.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
Yeah, but that would mean that Kansas would have to admit that lesbians are people with equal rights and responsibilities. Not likely.
sure, but why should the donor pay for it?
Given the amounts involved (it averages $100 per month) it might be that they assumed it was some blanket program. Some of it might be the state reclaiming money from blanket programs for everyone under a certain income threshold, things like free shots. It's not obvious.
Very true - also a lot of people here forget that circumstances can easily change. You could lose your job, become sick etc so that you need child support where you didn't previously. Claiming benefits does not automatically make you a greedy feckless scrounger.
Parental responsibilities are owed to a child and cannot be waived by a parent.
Wrong. parental rights can be waived. This is how adoptions work. Both birth parents have to waive their rights to the child.
stephen
Virgin Mary story would have lost them benefits from the state. This is a story of the Govt controlling who can have kids and who can't and one could even argue it's discrimination by the govt, because by saying "all your signed legal donor contracts are worthless" the govt is essentially saying "sorry lesbians if you want children you better pay $20,000+ for artificial insemination from a doctor" and requiring same sex couples to pay $20,000 or their child isn't really theirs is a great way to prevent same sex couples from having children at all. With the court ruling the father is still legally the father in this case means any same sex couple who had a child without artifical insemination could face a custody battle someday.
my karma will be here long after I'm gone
I think the base issue is that Kansas doesn't consider the lesbian relationship as legitimate and binding. If this same situation had played out with a female mother and an male, but infertile, father, there would have been no question that both bore financial responsibility for the child regardless of the method of conception. Because the relationship is not recognized, mother mother and mother father are not jointly responsible, and a third party is brought into the support equation.
I don't care about the morals, traditions and threats of divine retribution; the state is doing a disservice to all citizens by not recognizing the non-traditional "marriages" under common law. In this case they seek to recoup $6000 from a third party, and will no doubt pick up far more than $6000 in legal expenses as this nonsense winds through the courts. Make the non-traditionals bear the same social responsibility as the more conventional family units. I am less concerned about any moral implications of such relationships than I am about the lack of responsibility that is afforded to participants in the non-traditional relationship because the state fails to recognize them. The state's perverted thinking on this matter brings real costs to the people whose moral values they are allegedly protecting.
Marry them, tax them, and let them bear the cost of their choices like the rest of us. Share the pain.
Dear mods: This doesn't count as "funny" (quite the opposite), but rather, "insightful".
US case law pretty much accepts that as a de facto standard - In the absence of staggeringly overwhelming evidence to the contrary, the guy gets screwed while the woman gets whatever she asks for.