Texas sperm donors: Be glad you aren’t in Kansas

A man who donated his sperm so that a lesbian couple could have a child–and with the couple contractually agreeing that he would not ever have to pay child support–has been popped by the State of Kansas for child support, as the mother had applied for welfare. As the sperm donor William Marotta said, “no good deed goes unpunished.”

Marotta may wish he lived in Texas. Texas has a specific provision in the Family Code that states:

“A donor is not a parent of a child conceived by means of assisted reproduction.”

He would not be the father of the child in Texas.

Texas can rightly claim to have the most progressive parentage laws, including the Uniform Parentage Act which contains the above provision. Texas was the first to adopt the act in 2000. The act has since been amended to cover all variations of ARTS, or assisted reproductive technologies.Texas law even covers what happens with an ARTS child in a divorce. Dallas has a number of medical facilities who help people with assisted reproduction. Dallas family law attorneys are useful to help with the gestational agreements and other paperwork that is necessary to properly set forth and register the agreements– and to  avoid William Marotta’s fate in Kansas.

It is best that couples–including gay or lesbian couples- who are considering adding a child to their family should check with a Dallas family law attorney to make sure they understand what they need to do before they get too far in the process.  We can help.

The Kansas man’s story is here.

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