BUZZANCA V. BUZZANCA
61 Cal.App.4th 1410 (1998)
NATURE OF THE CASE: This was a dispute over who are the lawful parents of a child born
from an embryo genetically unrelated to a husband and wife but implanted in a surrogate.
FACTS: Jaycee was born because Luanne (W) and John (H) agreed to have an embryo,
unrelated to either of them, implanted in a surrogate. After the fertilization,
implantation, and pregnancy, they split up. W claimed that she and H were the lawful parents
but H refused responsibility. The surrogate also appeared and made it clear that she made no
claim to the child. The trial court then concluded that Jaycee has no lawful parents. The
surrogate could not be the mother as neither she nor her husband was the biological parents.
The court also found that W could not be the mother as she was unrelated to the child, did
not give birth, and because H did not contribute the sperm, he was not the father. This
appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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