Elements matter

(Telegraph) - An American man who donated sperm to a lesbian couple is the legal father of their daughter and must pay child support, a court has ruled.

A judge in the US state of Kansas decided that William Marotta, 47, was financially responsible for the girl who is now aged four.

The couple, Jennifer Schreiner and Angela Bauer, had found Mr Marotta by advertising on the Internet and did not use a doctor in the donation process.

They signed a contract agreeing that Mr Marotta would have no financial responsibility for the child.

But when the couple encountered financial difficulties, and one of them applied for state benefits, the state of Kansas applied to a court to have Mr Marotta declared the child's father and made responsible for her.

The ruling suggests that in Kansas a man can only legally be considered a sperm donor if he goes through a doctor.
Shawnee County District Court Judge Mary Mattivi said: "A parent may not terminate parental rights by contract even when the parties have consented.

"The parties' self-designation of (Mr Marotta) as a sperm donor is insufficient to relieve (Mr Marotta) of parental rights and responsibilities."

Ben Swinnen, a lawyer for Mr Marotta, said his client had only been trying to help a couple who wanted a child and he would appeal the ruling.