Section 30.8 Surrogacy, Custody, and “Intended Parents”

• Library: Family Law Deskbook and 2014 Supp

B. (§30.8) Surrogacy, Custody, and “Intended Parents”

The California Supreme Court, in what has become the leading case supporting the rights of “intended parents” in surrogacy (gestational carrier) arrangements, has held that “intended parents” would prevail over the custody claims of a surrogate mother. Johnson v. Calvert, 851 P.2d 776 (Cal. banc 1993). In Johnson, the court acknowledged that the surrogate mother had a biological connection to the child—even though the egg was not hers—sufficient to claim maternity under California law. But the court relied on the obvious intent of the parties. All parties to the arrangement knew that the husband and wife who contracted with the surrogate were going to be the parents of the child. The court did not give...