Lawyer In Topeka Sperm Donor Case Asking To Withdraw

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Benoit Swinnen is asking judge Mary Mattivi to withdraw as legal counsel for William Marotta, the man in the middle of a child support battle with the state of Kansas.

The state says Marotta is the legal father of a young girl born to a lesbian couple via his sperm donation, and is asking for him to pay child support - after the girl's biological mother filed for assistance. In a previous interview with 13 NEWS, one of the women said they don't believe Marotta should pay child support.

Swinnen told 13 NEWS his request to withdraw from the case has nothing to do at all with Marotta. He no longer runs his law firm and is now an executive director of a separate agency. He said because of those obligations, and his family, he could not continue.

"That is difficult for me to juggle those obligations and do a good job for him," Swinnen said.

Attorney Charles Baylor will now represent Marotta.

Mattivi ordered Marotta to have genetic testing done to determine whether he is the biological father of the child, an order that Swinnen was fighting.

Marotta contends he is not the father of the now five-year-old girl and is just a donor, because of the contract he signed with Jennifer Schreiner and Angela Bauer exempting him of all parental rights. Schreiner and Bauer had contacted him through a craigslist ad and all decided he would provide them with his sperm.

Mattivi ruled the contract was void because they did not use a licensed physician to inseminate, according to Kansas statute.