A daughter was born to the lesbian couple. And then the state of Kansas struck. State authorities found out that Marotta had infringed the law by personally donating the sperm, and not doing it through a physician as required under state law. So the state of Kansas filed a petition in county court seeking to declare Marotta as the father of the child and be financially responsible for her.
According to court documents, Marotta had responded to an advertisement on Craigslist for an offer of $50 for a sperm donation, but he donated a container of his sperm for free.
Marotta is in dire financial circumstances, and is so poor that the law firm representing him is doing it at a reduced rate. He is also having to raise money for his legal defense on the law firm’s website.
However the state of Kansas is seeking monthly child support of $189 from Marotta, an amount which the state provided to the lesbian couple last summer for upkeep of the child. The state also wants $5,885 in medical expenses related to the birth of the child.
Marotta is stumped. His lawyers say he just gave the container of semen to the lesbian couple and had no idea whether they went to a licensed physician or not, or what happened after that. Marotta also never sought contact with the child or ever wanted any parental rights.
Lawyers for Marotta say that by his agreement with the sperm receivers he had no parental rights to begin with and cannot be held financially responsible.