Johnson v. Calvert

5 Cal.4th 84 (1993)

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

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.