Olson
Olson v. Children's Home Society
Opinion
Lead Opinion
Abbe, J.
Appellants Barbara and Gary Olson appeal from a judgment entered against them after the court sustained the demurrer of respondent Children’s Home Society of California (CHS) without leave to amend. We affirm.
In early 1967 appellant Barbara Olson, then Barbara Stephens, was pregnant. She went to CHS, a state-licensed private adoption agency, for counseling, pre- and postnatal medical treatment and assistance in placing the unborn child for adoption. She gave birth to a male child in February 1967 and in that month signed a relinquishment of her parental rights and agreed to have CHS arrange for his adoption. CHS succeeded in arranging an adoption.
Appellants Barbara and Gary Olson were married in April 1975 and had a daughter in November 1980. The Olsons had another child, a son, in February 1983. This child died at the age of six months of an immune deficiency with hyper-IgM, more commonly known as “combined severe immune deficiency” (CSID). Appellants allege CSID is a genetically transmitted disease carried by females and is manifested in their male offspring.
After their son died and Mrs. Olson learned she was a carrier of the immunodeficiency, she telephoned CHS…