Steven S. v. Deborah D.

BACKGROUND

This case involves application of Family Code section 7613, subdivision (b), which provides: “The donor of semen provided to a licensed physician and surgeon 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.”

On March 12, 2003, Steven S. filed a verified petition to establish a parental relationship with Trevor, then approximately three years old. Deborah D., Trevor’s mother, contested the petition alleging that Trevor was conceived by artificial insemination within the terms of section 7613, subdivision (b), and therefore Steven was not entitled to any rights as a natural father.

The trial court bifurcated the issue of paternity from the remainder of the issues and heard conflicting evidence relating to the conception of Trevor. Summarizing, the evidence establishes that Deborah and Steven, who are not and were not married to each other, agreed Steven would provide semen to a physician to artificially inseminate Deborah; Deborah became pregnant from the artificial insemination but the pregnancy did not last full term; Steven and Deborah then had…