Topeka Sperm Donor Motions for Judge to Recuse Herself in Child Support Case

William Marotta’s defense attorney has filed a motioncalling for Judge Mary E. Mattivi to recuse herself from Marotta’s case.

The state of Kansas asserts Marotta owes child support tothe 3-year-old daughter of two women who enlisted Marotta through Criagslist toprovide sperm for the couple.  UnderKansas law, a physician is required to perform an artificial insemination forthe man to be considered a sperm donor, but Marotta and the female couple agreethat Marotta should have no financial responsibility for the child.

In accordance with the Kansas statute, Marotta’s attorneydid not include a reason for the request for recusal.  However, if Judge Mattivi declines to recuseherself, Marotta’s attorney must then provide a reason by filing an affidavit.  Reasons may include personal relations to theparties, an interest in the action, or personal bias.

See Aly Van Dyke, Sperm Donor Defense Calls for Judge toRecuse Herself, The Topeka Capital-Journal, May 20, 2013.