This section contains the nature of the case and procedural background.

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.

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