In Re Marriage of Buzzanca
California Reporter, 2d Series 1998; 72: 280-294
Court Decision: The California Court of Appeal for the Fourth District reversed a lower court decision, and held that a husband and wife are deemed to be the lawful parents after a surrogate mother bears a biologically unrelated child on the couple's behalf. The court emphasized that the procreation occurred only because the husband and wife had both initiated and consented to having an embryo genetically unrelated to either of them implanted in a surrogate mother who later gave birth to a child for them. The surrogate mother denied any claim to the child. In a subsequent divorce proceeding between the husband and wife, the Court of Appeal held that the husband would be responsible for child support of the biologically unrelated child. The Court of Appeal rejected the lower court's decision that the child had no parents. The Court of Appeal noted that there is a strong public policy to establish paternity for all children.
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