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US: Kansas court rules Craigslist sperm donor liable to pay child support

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  1. BlokeToys 23 Jan, 1:20pm

    This is all kinds of wrong, but I do blame the couple for this. They didn’t take reasonable measures in the first place by not using the right services. Then, the absent female partner is showing a complete lack of responsibility in caring for their child. Even though the now absent mother was not a participant biologically, this is about making that decision together to become parents, and following through with that commitment to life.

    No doubt the laws there should be changed, but common sense dictates that the absent mother should be the one paying child support for the child she chose to have with her partner. The donor should be left out of this, he volunteered to help this couple, and he is now being forced to take responsibility for a child that should be the responsibility of these two women.

    The lesson is that all men donating should know the law inside-out, file contractual agreements, and still be prepared to face legal attempts to extort money a few years down the road.

    1. Absolutely right.
      All participants should have checked the law inside out before embarking on such a huge undertaking, especially in a deeply reactionary state giving no parental rights or responsibilities to same-sex partners of biological parents while giving seemingly absurd legal privileges to medical professionals.
      Having a child can seem like such an exciting life-project but the implications of things going wrong must be planned for in the cold light of day, no matter how distasteful it may seem, especially in such a bad environment for lgbt rights.

    2. 2contemplate 8 Feb, 4:54am

      There are some details to the story that are left out here. The couple tried first to get sperm through a doctor. But their doctor couldn’t handle the thought of same sex parents, and turned them down. So, they turned to this route. And the partner did offer to pay the state bill when she found out about the suit. But the state refused to acknowledge her.
      If you’d like to know some of the details, read at least these two articles from last year.

      http://marottacase.com/index.php/component/k2/item/14-topeka-mothers-support-donor-in-child-support-battle-with-kansas-dcf

      http://cjonline.com/news/2012-12-30/former-partners-forever-grateful-topeka-sperm-donor

      And much more information about the case is in the “news” and “videos” links on the lawyers website.

      marottacase.com

      Also, if you sympathize with the man, there is a donate button on the right of the home page, to help defray legal costs.

  2. It’s riduclous that he has to pay. The state of Kansas is at fault though. They do not allow gay couples parenting rights so it gets really messy of couples split up. EVERY couple who have a baby together – however conceived should be equal parents full stop. It’s not rights given to the adults, it’s for the children, so no excuse for them not existing.

    Also punishing people for not using expensive medical procedures to concieve – doesn’t sit well with me. I’ve done the very expensive treatment to get the equal parental rights with absolutely no chance of this happening in the future, but not everyone can afford this (I cant afford to try for a sibling). Before you say ‘well if you can’t afford kids, don’t have them’, children need love, food & shelter – you don’t need to be rolling in cash to provide this.

    1. It’s also a bit rich for the state to say that the liability arises because no licensed physician was involved in the insemination. That sounds like a vague excuse, and arbitrary protectionism.

  3. Richard the Big Bunny 23 Jan, 8:15pm

    This is an INCREDIBLY bad move & dangerous legal precedent. I’d bet my house that this will be overturned … *eventually*.

  4. Appeal to federal courts.

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