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In re Marriage of Buzzanca

Court of Appeals of California
72 Cal. Rptr. 2d 280 (1998)


Luanne Buzzanca (defendant) and her husband John Buzzanca (plaintiff) agreed to engage a surrogate to carry to term an implanted embryo that was genetically unrelated to either of the Buzzancas. Subsequently, the Buzzancas separated, and John filed for divorce. Luanne answered the complaint and stated that the Buzzancas were expecting a child. However, John denied any responsibility for the unborn child. The child, Jaycee, was born six days later. The following year, Luanne filed a separate petition to establish herself as Jaycee’s mother. The surrogate who had given birth to Jaycee also appeared in the matter, asserting that the surrogate was not Jaycee’s lawful mother. Both actions were consolidated. After a hearing, the trial court held that: (1) Jaycee had no biological or lawful parents because Luanne had not given birth, and (2) John was not Jaycee’s father because he had not contributed any genetic material. The trial court stipulated that the surrogate and her husband were also not Jaycee’s parents. Luanne appealed.

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Holding and Reasoning (Sills, J.)

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