Sperm Donors Beware! You May Be Liable for Child Support

As highlighted by a recent Kansas case, sperm donors may be liable for child support payments. In response to a Craigslist ad, William Marotta of Kansas donated his sperm to a lesbian couple wanting to conceive. The endeavor was successful, and they were able to conceive a daughter, but did not use the assistance of any doctor or physician to do so. When the couple later split, and the custodial mother applied for state aid for her daughter, the Department for Children and Families of Kansas came seeking reimbursement from Mr. Marotta.

The key to Mr. Marotta’s predicament, according to Kansas, is the absence of any involvement of a physician in the sperm donation and in vitro fertilization process. Sperm donors in California face the same consequences!

The way California law is written, and with some exceptions, a sperm donor will be considered the natural father of a conceived child unless the sperm is provided to a “licensed physician and surgeon or to a licensed sperm bank”. Family Code, Section 7613(b). All California sperm donors who fail to utilize a licensed physician, surgeon, or sperm bank are liable to the local child support agencies for support of a conceived child. Family Code, Section 17402.

If you or someone you know is in need of advice in this area, give us a call at (951) 682-6400 and TALK TO AN ATTORNEY TODAY! In most legal situations, time is of the essence. The mere passage of time can harm your ability to obtain the best possible outcome for your particular circumstances. Because of Heiting & Irwin offers free consultations, there is no reason to put off calling today. We welcome your calls regarding paternity, child support, child custody and visitation, and divorce matters at (951) 682-6400.