Lawyer seeks third party in sperm donor case

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The lawyer for the Craigslist sperm donor who’s facing a child support battle with the state is trying to add another party to the case.

William Marotta donated sperm to a lesbian couple so they could have a baby through artificial insemination.

At a hearing Tuesday Marotta’s lawyer filed two motions. One asks the court to make Angela Bauer a third party in this case.

Bauer is the non-biological parent of the 3-year-old girl.

The second motion filed asks to bring Bauer in under the contract that she signed with Marotta and the biological mother in 2009 when Marotta donated the sperm.

“We feel that under the Kansas statutes, she is a presumptive parent and she must be made a party to this action,” says Attorney Ben Swinnen. “She has acknowledged that much, she has asked for it, and I think there is no reason to delay that.”

The state argues the contract the three signed is not valid because Kansas law requires that a physician perform the artificial insemination. The insemination in this case was done at home by the couple. The biological mother is expected to give her deposition at the end of the month.

Neithor Marotta nor the couple attended the hearing Tuesday.

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