Jhordan C. v. Mary K.

179 Cal.App.3d 386 (1986)

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Nature of the Case

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Facts

A child was conceived by artificial insemination with semen donated to Mary from Jhordan. Mary did this as a plan to raise a child with her close friend Victoria. Mary picked Jhordan but informed him that they did not want a donor who desired an ongoing relationship with the child, but she did agree that Jhordan would be able to see the child. Jhordan claims that he was to have an ongoing relationship and to even care for the child 2-3 times per week. The semen was donated over a six-month period. The record is unclear on just who performed the insemination. After Mary became pregnant, Jhordan was involved as well as Victoria. The child was born, and Jhordan was listed as the father of the child on the birth certificate. Jhordan visited, and Mary got upset, and eventually, she terminated those visits. Jhordan filed this present action to establish paternity and visitation rights. In a separate county action, Jhordan was ordered to reimburse the county for public aid and to pay future child support of $50 per month. Jhordan was granted weekly visitation. In August 1983, Victoria moved for joint legal custody as a de facto parent of the child. The trial court awarded sole legal custody to Mary and Jhordan got substantial visitation rights. Victoria got visitation rights. Mary and Victoria appealed.