The attorneys point to a similar but converse 2007 Kansas Supreme Court ruling. In that case, a sperm donor sought parental rights after making a semen donation to a woman. The woman had a child after the artificial insemination was performed by a licensed physician. The man was denied parental rights.
Even though the woman in the 2007 case used a licensed physician, Marotta's lawyers emphasized that Marotta did the same thing as the man in the 2007 case and cannot be held responsible for what the woman did with the donation.
Bauer and Schreiner did not respond to requests for comment. A representative for the Department of Children and Families said that they could not comment on any specific cases.
A hearing regarding Marotta's motion to dismiss is scheduled for Jan. 8 in Shawnee County District Court.