James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comKey Contacts
Back
This case in Topeka Kansas has been in the news since December 2012. Mr. William Marotta provided sperm for a child conceived through artificial insemination for a lesbian couple. The State of Kansas is seeking to hold Mr. Marotta responsible for child support despite the fact that Mr. Marotta relinquished his parental rights in a written agreement with the couple. The state is taking this step because the mother is no longer able to work and to support the child. [There is a motion pending to remove the Judge and the case appears to have stalled.]
There are two issues that attorneys address with clients in trust and estate planning. One issue is how property should pass in the event of the deaths of designated heirs. Would a testator or grantor of a trust consider the child in Topeka to be an heir? I am certain that other family members would object to the inclusion of a stranger as a beneficiary. This issue is not as remote as one might suspect.
The second issue is whether the interest of a beneficiary in a trust can be subject to levy or attachment in circumstances such as this. Most trust instruments have spendthrift language to block creditors from accessing trust assets. There are, however, several unanswered questions. Is spendthrift language effective against a state seeking to enforce child support? Does the child have the rights of a beneficiary or is the child only a creditor? Perhaps the trust instrument should require that the biological parent to retain parental rights before the child is entitled to distributions from the trust as an heir.
In addition to the foregoing issues, we know that a child can be conceived after the death of the sperm or egg donor. Should a parent or grandparent provide guidance for the trustee or simply rely upon the law of jurisdiction to catch up with science.
There are numerous trust and estate issues that arise from these scenarios and I am certain that we will be paying more attention to the definition of heirs, issue and descendants.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Kansas Sues Sperm Donor for Child Support
Author: James F. McDonough
This case in Topeka Kansas has been in the news since December 2012. Mr. William Marotta provided sperm for a child conceived through artificial insemination for a lesbian couple. The State of Kansas is seeking to hold Mr. Marotta responsible for child support despite the fact that Mr. Marotta relinquished his parental rights in a written agreement with the couple. The state is taking this step because the mother is no longer able to work and to support the child. [There is a motion pending to remove the Judge and the case appears to have stalled.]
There are two issues that attorneys address with clients in trust and estate planning. One issue is how property should pass in the event of the deaths of designated heirs. Would a testator or grantor of a trust consider the child in Topeka to be an heir? I am certain that other family members would object to the inclusion of a stranger as a beneficiary. This issue is not as remote as one might suspect.
The second issue is whether the interest of a beneficiary in a trust can be subject to levy or attachment in circumstances such as this. Most trust instruments have spendthrift language to block creditors from accessing trust assets. There are, however, several unanswered questions. Is spendthrift language effective against a state seeking to enforce child support? Does the child have the rights of a beneficiary or is the child only a creditor? Perhaps the trust instrument should require that the biological parent to retain parental rights before the child is entitled to distributions from the trust as an heir.
In addition to the foregoing issues, we know that a child can be conceived after the death of the sperm or egg donor. Should a parent or grandparent provide guidance for the trustee or simply rely upon the law of jurisdiction to catch up with science.
There are numerous trust and estate issues that arise from these scenarios and I am certain that we will be paying more attention to the definition of heirs, issue and descendants.