Child Support Directors Association of California in partnership with California Department of Child Support Services Annual Child Support Training Conference & Expo October 5-7, 2010 | Orange County, California

Parentage in 2010 Attorney Paul Spraggins San Francisco DCSS PARENTAGE IN 2010

Possible Methods of Becoming a Parent ■Traditional Method ■Artificial Insemination ■In Vitro Fertilization ■Surrogacy ■Adoption ■Cloning (?)

Traditional Method ■Traditional method of parentage involves a man and a woman conceiving a child through sexual intercourse. The traditional method of parentage includes married and single adults.

Artificial Insemination ■Artificial insemination, or AI, is the process by which sperm is placed into the reproductive tract of a female for the purpose of impregnating the female by using means other than sexual intercourse. AI is used as assisted reproductive technology, usually in cases where the male partner produces no sperm or the woman has no male partner.

In Vitro Fertilization (IVF) ■In Vitro fertilization is a process by which egg cells are fertilized by sperm outside of the womb, in vitro. Process involves hormonally controlling the ovulation process, removing ova (eggs) from the woman, letting sperm fertilize them in a fluid medium, then transferring the fertilized egg into the patient’s uterus with the intent to impregnate.

Surrogacy ■Surrogacy-An arrangement whereby a woman agrees to become pregnant and deliver a child for a contracted party.

Surrogacy ■There are two types of surrogacy: ✷ Traditional Surrogacy-In traditional surrogacy the surrogate is pregnant with her own biological child, but the child was conceived with the intention of relinquishing the child to be raised by others. ✷ Gestational Surrogacy-In gestational surrogacy the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother (child was conceived using egg donation, sperm donation, or is the result of a donated embryo).

Adoption ■Adoption is a process whereby a person assumes the parenting for another who is not kin and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents.

Cloning ■Human cloning is the creation of a genetically identical copy of an existing or previously existing human. The term is generally used to refer to artificial human cloning; human clones in the form of identical twins are commonplace, with their cloning occurring during the natural process of reproduction.

Possible Parties to a Parentage Action ■Birth Mother ■Gestational Surrogate Mother ■Traditional Surrogate Mother ■Egg Donor ■Girlfriend ■Domestic Partner ■Husband ■Sperm Donor ■Boyfriend

Birth Mother ■The birth mother is treated as the legal mother. [FC 7610-Natural birth mother presumed to be legal mother]

Surrogate Mothers ■Traditional Surrogacy-In a traditional surrogacy, the surrogate mother is a birth parent, and her consent is required under FC 8814 before the child may be adopted by another. [In re Marriage of Moschetta (1994) 25 Cal.Appl4th 1218, 39 Cal.Rptr.2d 893; FC 7610-Natural birth mother presumed to be legal mother] ■Gestational Surrogacy-In gestational surrogacy, the birth mother does not necessarily equate to legal mother. When birth mother is not the biological mother the intent expressed in a surrogacy agreement is key. [In re Marriage of Buzzanca (1998) 61 Cal.App.th 1410]

Husband ■Marital Presumption- There is a rebuttable presumption that a man is the natural father of a child if he and the child's natural mother are or have been married to each other. [FC 7611(a)] ■Presumption created by AI and In Vitro-Husband is treated in law as if he were the natural father of a child conceived by artificial insemination or in vitro fertilization. [FC 7613(a)-Note: Husband consent and licensed physician required.] ■POP Declaration-A completed voluntary declaration of paternity has the same force and effect as a judgment for paternity issued by a court of competent jurisdiction. [FC 7573]

Boyfriend ■Adoption-Parent and child relationship may be established between a child and an adoptive parent by proof of adoption. [FC 7610] ■Presumed Parent-A (wom)man is a presumed parent if (s)he receives the child into his home and openly holds the child out as her/his natural child. [FC 7611(d); Applies to both men and women. Elisa B. v. Superior Court (2005) 33 Cal.3d. 46, 37 Cal.Rptr.4th 108] ■POP Declaration-A completed voluntary declaration of paternity has the same force and effect as a judgment for paternity issued by a court of competent jurisdiction. [FC 7573]

Girlfriend ■Presumed Parent-A (wom)man is a presumed parent if (s)he receives the child into his home and openly holds the child out as her/his natural child. [FC 7611(d); Applies to both men and women. Elisa B. v. Superior Court (2005) 33 Cal.3d. 46, 37 Cal.Rptr.4th 108] ■Adoption-Parent and child relationship may be established between a child and an adoptive parent by proof of adoption. [FC 7610; Note-A birth mother does not need to terminate her parental rights to have her partner adopt her child. Sharon S. v. Superior Court (2003) 31 Cal.4th 417, 2 Cal.Rptr.3d 699.]

Domestic Partner ■Registered Domestic Partnership- Children born in the domestic partnership are legal children of both same-sex partners. [Family Code 297, 297.5; Note- requires the filing of a Declaration of Domestic Partnership with the Secretary of State] ■Presumed Parent-A (wom)man is a presumed parent if (s)he receives the child into his home and openly holds the child out as her/his natural child. [FC 7611(d); Applies to both men and women. Elisa B. v. Superior Court (2005) 33 Cal.3d. 46, 37 Cal.Rptr.4th 108] ■POP Declaration-A completed voluntary declaration of paternity has the same force and effect as a judgment for paternity issued by a court of competent jurisdiction. [FC 7573] ■Adoption-Parent and child relationship may be established between a child and an adoptive parent by proof of adoption. [FC 7610]

Sperm Donor ■The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived. [FC 7613(b); In Steven S. Deborah D. (2005) 127 Cal.App.4th 319]

Egg Donor ■A woman’s whose ovum that is fertilized and implanted in a surrogate mother is deemed the natural/legal mother of the child thus produced. When partners in a lesbian relationship decide to produce children in this manner, both the woman who provides her ova and her partner who bears the child(ren) are deemed the child(ren)’s parents. FC 7613 does not always apply to bar claim of parentage. [K.M. v. E.G. (2005) 37 Cal.4th 130, 33 Cal.Rptr.3d 61]