Oral Arguments In Sperm Donor Case Scheduled For October

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TOPEKA, Kansas (WIBW) -- Oral arguments in a controversial sperm donor case that has garnered national attention are set for October.

Attorneys on each side of a case determining parenthood of a sperm donor will present arguments on October 25 at 9 a.m. in Topeka.

William Marotta is being sued for child support by the state of Kansas. He is represented by Ben Swinnen of Swinnen and Associates, who says Marotta should not pay child support.

In 2009, Marotta entered into a signed agreement with Angela Bauer and Jennifer Schreiner, who have since separated, that he would donate his sperm to them for $50. He answered a Craigslist ad and met with the couple several times to discuss the agreement. It said he would have no part in the child's life created out of artificial insemination.

When Bauer's illness would not allow her to work and support Schreiner, she applied for financial assistance. The Kansas Department for Children and Families filed a lawsuit against Marotta, claiming that he owes child support.

The state would not seek Bauer to legally pay child support because her union with Schreiner was not legally recognized.

The state's defense is that the lesbian couple did not use a licensed physician to inseminate, making Marotta the father. Under a Kansas statute, a donor is not considered the father if a doctor is used.

Marotta said he did not know the couple didn't use a physician.

Bauer and Schreiner have both said they do not think Marotta should be held responsible.