California Court of Appeal

In an action to establish paternity of a child who was conceived through the use of in vitro fertilization (IVF) using father's donated sperm, the trial court erred in concluding that Family Code section 7613 precluded father's claims, where: 1) section 7613(b) should be interpreted only to preclude a sperm donor from establishing paternity based upon his biological connection to the child, and does not preclude him from establishing that he is a presumed parent under section 7611(d) based upon post-birth conduct; 2) a sperm donor who has established a familial relationship with the child, and has demonstrated a commitment to the child and the child's welfare, can be found to be a presumed parent even though he could not establish paternity based upon his biological connection to the child; and 3) here, father was denied the opportunity to present evidence to show that he is the child's presumed father under section 7611(d).

Appellate Information

• Decided 05/14/2014
• Published 05/14/2014

Judges

• WILLHITE,

Court

• California Court of Appeal

Counsel