When William Marotta donated his sperm to a lesbian couple, they performed an insemination absent the participation of a physician and agreed to absolve Marotta of parental responsibility.
However, this “new normal” arrangement is now unpersuasive to the State of Kansas, which has sued Marotta to recoup public assistance paid to the biological mother. The state also seeks a declaration that Marotta is obligated to support the child born of his sperm donation. The state asserts Marotta did not rely upon Kansas’ safe harbor absolving sperm donors of responsibility when the insemination is performed by a doctor.