Jason P. v. Danielle S.

171 Cal.Rptr 3d 789 (2014)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Family Code section 7613 states that the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank is treated in law as if he were not the natural parent of a child unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child. P filed a petition to establish a parental relationship with Gus S., a child born to Danielle S. (D). D argued that P was a sperm donor under section 7613(b) and therefore was not the natural father as a matter of law. D contends that (1) he is not a sperm donor within the meaning of section 7613(b); (2) he is a presumed parent under section 7611 (d); (3) D is estopped from denying P's parental relationship; and (4) it would be unconstitutional to deny P an opportunity to establish legal paternity under the facts of the case. P and D cohabitated for many years, but they never married. Gus was conceived through in vitro fertilization and P provided to a licensed fertility clinic the sperm used in the IVF procedure. P and D have been trying to have a child since 2006. In May 2008, D moved out and bought a home nearby. She purchased sperm from a bank and told P she was going to pursue motherhood as a single mother. She also learned about 7613. n September 2008, she moved back into P's house while the house she bought was being remodeled. In November 2008 D gave P a letter in which he wrote that he was not ready to be a father, but if she wanted to use his sperm to conceive, she had his blessing as long as she did not tell others. D decided to try an IVF procedure. P and D both signed a series of informed consent forms. The procedure was successful, and Gus was born in December 2009. P continued to maintain contact with Gus until the middle of 2012 when D terminated her relationship with P. The trial court rejected P's argument that section 7613(b) does not apply. The trial court also rejected estoppel arguments. The trial court found that P could not establish paternity under section 7611(d) because section 7613(b) is the exclusive means of determining paternity in cases involving sperm donors and unmarried women. P appealed.