CALIFORNIA FAMILY LAW
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Custody and Visitation
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Paternity/Surrogacy Issues
.........Surrogacy Issues
7 Cards On This Topic:
Fam. Code §7613 (b) does not apply to woman who donates her eggs so that her lesbian partner may conceive.
Between genetic and birth mothers, both accepted under UPA, genetic mother is natural mother under Cal. law: She intended to bring about birth and raise child as own. Surrogacy contract valid.
Substantial compliance is sufficient for FC §7962 governing assisted reproduction agreements; application of statute does not violate unborn Cs' constitutional rights.
Just as H deemed lawful father of unrelated child when W bears by artificial insemination, H & W deemed lawful parents after surrogate bears biologically unrelated child on their behalf.
Traditional surrogacy contract, wherein woman impregnated with semen of married man, in understanding that resulting child is legally child of man and infertile wife, is unenforceable.
H must pay temporary child support for genetically unrelated child where his signing surrogacy K showed by preponderance of evidence he would likely be held to be legal father.
Issues relating to artificial insemination.