JOHNSON V. CALVERT
5 Cal.4th 84 (1993)
NATURE OF THE CASE: Johnson (P), surrogate, sought review of an order, which, under the Uniform Parentage Act, Cal Civ. Code 7000-721 (repealed 1994), affirmed the trial court's ruling that Calvert (D), genetic parents, were the natural parents of a child born as a result of a surrogacy contract.
FACTS: Ds were husband and wife who desired to have a child but the wife was forced to undergo a hysterectomy. Because her ovaries remained capable of producing eggs, the couple eventually considered surrogacy. P heard of their plight and offered to serve as a surrogate. They signed a contract with payment and insurance terms and P was implanted with the D's fertilized eggs. However, the relations between the parties deteriorated and P demanded all the money due her or else she would refuse to give up the child. Ds sued for declaratory relief. P filed her own action. After the child was born, it was determined that P was not the genetic mother. The trial court eventually ruled that P was not the biological mother and that she had no parental rights and that the surrogacy contract was legal and enforceable. O appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment