In Delivery Man Vince Vaughn plays a sperm donor whose donations help lead to the births of 533 children. Think of the trouble he would be in if the decision of a Kansas court were to set a precedent across the country.
William Marotta responded to a Craigslist ad for a sperm donor in 2009. Contribution delivered, baby born… End of story, right? Wrong. As reported by the ABAJournal.com, because they didn’t have a physician perform the artificial insemination procedure, the written waiver of his parental rights that all parties agreed to doesn’t comply with the requirements of a Kansas state statute. That means Marotta is officially the father of a child conceived by one of the women using his sperm and owes child support.
That is a harsh decision. It also invites all kinds of follow-up questions. Does Marotta now have visitation rights? Does the child now have inheritance rights to Marotta’s estate? Can Marotta’s parents seek visitation with their grandchild. So the law was not technically followed. If there is evidence in the record that none of the involved parties intended to create a legal father-child relationship, it would seem to me that as a matter of policy this decision should be overturned.
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