C.M.

C.M. v. M.C.

Good Law
2017 Cal. App. LEXIS 56·213 Cal. Rptr. 3d 351·7 Cal. App. 5th 1188·2017 WL 372024
Court of Appeal of CaliforniaJanuary 26, 2017No. B270525California9,735 words

Opinion

lead Opinion

Lui, J.

Defendant and appellant M.C. (M.C.) appeals from a judgment declaring plaintiff and respondent C.M. (Father) to be the sole legal parent of *1192 triplet children (the Children) and finding that M.C. has no parental rights. M.C. was the gestational carrier for the Children, who were conceived in vitro using Father’s sperm and ova from an anonymous donor. Father and M.C. entered into the surrogacy arrangement pursuant to a written “In Vitro Fertilization Surrogacy Agreement” in 2015 (the Agreement). Each party was represented by separate counsel in negotiating the Agreement.

Despite the Agreement, during the pregnancy M.C. developed reservations about the arrangement. She sought rights as the Children’s mother and custody of at least one of the Children. When Father filed a petition pursuant to Family Code section 7962 to be declared the sole parent of the Children, M.C. opposed the petition. 1 Following a hearing on the petition on February 9, 2016, the trial court entered judgment in favor of Father.

On appeal, M.C. raises various substantive and procedural challenges to the judgment. The challenges amount to an all-out attack on the constitutionality and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.