A sperm donor is facing the possibility of being forced to pay child support for a girl being raised by a same-sex couple.
The state of Kansas believes the donor should be responsible for the child despite the fact that the parents of the child do not want him involved in any way.
The sperm donor says he signed a contract agreeing that he would never be considered a parent.
"I’ve never spoken to anybody who's a sperm donor and says I expect to be the father, too,” said William Marotta, sperm donor.
It all began when Marotta answered a Craigslist ad seven years ago to become a sperm donor for same-sex couple Jennifer Schreiner and Angie Bauer.
"The contract says before anything happened, I wasn't going to be a parent."
Marotta showed up at the womens' house with a bag containing a cup with his donation three times and never took any money for it.
Using a basic syringe, Bauer says she was able to impregnate Schreiner.
"It was never intended for William to be a parent. Jennifer and I created this child, not William and Jennifer,” said Angie Bauer, claims parenthood.
But the state of Kansas disagrees.
It all began when the couple applied for state assistance.
In a filing this week co-counsel timothy keck wrote, “History has not washed away the long -standing public policy of legitimacy through marriage and none of the parties have asserted a marriage occurred between any of the parties."
But the two did have a commitment ceremony. Bauer said “We couldn't marry at the time. It wasn't legal.”
Both Bauer and Marotta believe the state is pursuing the case due to political pressure from a conservative administration.
Judge Mary Mattivi ordered Marotta to undergo paternity testing.
Kansas Governor Sam Brownback appointed her to the bench in 2012.
Marotta says he's spent tens of thousands of dollars fighting the case. The state wants him named the father, partially responsible for medical expenses and to pay more than $1600 in child support.
"This should be about the love that a child gets from two parents. She has that, has always had it,” said Bauer.
Both Marotta and Bauer say he has no involvement in the girl's life.
A ruling on the case is expected early next year.
