Jhordan C. v. MARY K.

I. Holding

By statute in California a “donor of semen provided to a licensed physician for use in artificial insemination 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.” (Civ. Code, § 7005, subd. (b); italics added.) In this case we hold that where impregnation takes place by artificial insemination, and the parties have failed to take advantage of this statutory basis for preclusion of paternity, the donor of semen can be determined to be the father of the child in a paternity action.

Mary K. and Victoria T. appeal from a judgment declaring Jhordan C. to be the legal father of Mary’s child, Devin. The child was conceived by artificial insemination with semen donated personally to Mary by Jhordan. We affirm the judgment.

H. Facts and Procedural History

In late 1978, Mary decided to bear a child by artificial insemination and to raise the child jointly with Victoria, a close friend who lived in a nearby town. Mary sought a semen donor by talking to friends and acquaintances. This led to three or four potential donors with whom Mary spoke directly. She and Victoria ultimately chose Jhordan…