TODAY | January 25, 2014
>> reporter: of a 5-year-old girl, despite that they signed a contract agreeing he would not have any parental responsibilities.
>> never intended for him to financially support her.
>> reporter: but this week, a kansas judge ruled against merotta, insisting he broke a law "because the parties did not provide the donor sperm to a licensed physician. the donor, therefore, can be determined to be the father of the child." according to court documents, the child's mother, jennifer schweiner, had filed for benefits, indicating the father was an anonymous sperm donor . questioned further, she submitted the contract and the state fined him. it's a conservative state where same-sex marriages are banned.
>> it seems they have a point to prove now.
>> reporter: but some legal experts say that point is money.
>> the idea is the state of kansas shouldn't be paying support if there is a person who is legally obligated to pay support.
>> reporter: one reason some families choose not to use a physician is the cost, several thousand dollars per treatment. in this case, the court noted marotta's contract had been downloaded from the internet and that he "did not seek any legal advice during the process."
>> i think he's got a problem legally. fairly, i think fairly, you know, he probably got something he didn't deserve, but that's why you get the ounce of prevention.
>> reporter: marotts says he'll appeal with a lawyer all the way to the kansas supreme court . ron allen , nbc news, new york.