Johnson v. Calvert
Supreme Court of California
851 P.2d 776 (1993)
The Calverts (defendants) were unable to have a child. Johnson (plaintiff), having heard of the Calverts’ situation, offered to serve as a surrogate. The parties entered into a contract and Johsnon was implanted with an embryo created from the Calverts. Under the contract, the child was to be considered the Calverts’ child, and Johnson would relinquish all parental rights. The Calverts agreed to pay Johnson $10,000 in installments and to purchase a life insurance policy on Johnson. Over time, the parties had some disagreements. Before the child’s birth, Johnson demanded the balance of her payment or she would refuse to relinquish the child. The parties filed suit to determine the parentage of the child. When the child was born, the parties agreed that it would stay with the Calverts temporarily and that Johnson would have visitation rights. The parties stipulated at trial that the Calverts were the genetic parents. The trial court ruled that the Calverts were the genetic parents, that Johnson had no parental rights, and that the contract was legal and enforceable and terminated Johnson’s visitation rights. Johnson appealed to the Court of Appeal for the Fourth Circuit. The appeals court affirmed. The Supreme Court of California granted review.
Rule of Law
Holding and Reasoning (Panelli, J.)
Concurrence (Arabian, J.)
Dissent (Kennard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.