Shin

Hong Soo Shin v. Oyoung Kong

Good Law
2000 Cal. App. LEXIS 339·2000 Daily Journal DAR 4505·80 Cal. App. 4th 498·95 Cal. Rptr. 2d 304·2000 Cal. Daily Op. Serv. 3375
Court of Appeal of CaliforniaApril 28, 2000A087452California5,696 words

Opinion

Opinion

Marchiano, J.

When appellant was divorced from his wife, he learned for the first time that he was not the biological father of the child bom during their marriage. After disclaiming all parental rights to the child in the dissolution proceeding, appellant sued his wife’s doctor as the true biological father. In a contemporary interpretation of an ancient grievance, appellant alleged that the doctor performed an artificial insemination on his ex-wife without his consent resulting in the birth of a child assumed to be his son and demanded tort damages. We affirm the trial court’s judgment on the pleadings, and find that appellant’s complaint is barred for lack of a legal duty owing from the doctor to appellant and for reasons of public policy embodied in statutes that preclude recovery for breach of moral duties.

Background

Until September of 1997, when his wife filed for divorce, appellant was married to Sil Shin. Respondent, Dr. Oyoung Kong, is a medical doctor who specializes in obstetrics and gynecology. Appellant’s wife worked for Dr. Kong during the time of the events in the complaint. According to appellant’s complaint in this action, Dr. Kong rendered medical services to Sil…

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