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Jhordan C. v. Mary K.

California Court of Appeal

179 Cal. App. 3d 386, 224 Cal. Rptr. 530 (1986)

Facts

Mary K. (defendant) and Victoria T. sought to jointly raise a child, whom Mary would bear via artificial insemination. Mary and Victoria chose Jhordan C. (plaintiff) as the semen donor. Mary, who was a professional nurse, performed the insemination on her own or with the help of Victoria. Mary gave birth to the baby, Devin. Jhordan made several visits to see the Devin, despite some resistance from Mary. Later, Mary refused to allow Jhordan to visit. Jhordan brought an action to establish paternity and secure visitation rights. Mary and Victoria sought joint legal custody. The trial court declared Jhordan to be Devin’s legal father and allowed Jhordan extensive visitation rights. Legal and physical custody of Devin was awarded to Mary. Victoria was also awarded visitation rights. Mary and Victoria appealed, disputing the declaration that Jhordan was Devin’s legal father. Mary and Victoria also alleged violations of their constitutional rights with respect to equal protection, family autonomy, and procreative choice. The California Court of Appeal granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (King, J.)

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