Cook
Cook v. Harding
Opinion
Lead Opinion
Wright, J.
ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS [44, 46, 54, 60]
I. INTRODUCTION
Plaintiff Melissa Kay Cook (“Cook”), individually and as Guardian Ad Litem for *925 Babies A, B, and C, ■brings suit against Governor Jerry Brown, Karen Smith (Director and State Public Health Officer for the California Department of Public Health), Cynthia Harding (Director of Los Angeles County Public Health Department), Jeffrey Gunzenhauser (Medical Director for Los Angeles County Public Health), and Dean Logan (Registrar-Recorder for Los Angeles. County) in their official capacities, as well as Kaiser Foundation Hospital, Panorama City Medical Center, Payman Roshan (Senior Vice President and Patient Administrator for Panorama City Medical Center), and C.M. (the genetic father and intended parent of Babies A, B, and C).
Cook brings asrapplied. and facial constitutional challenges under 28 U.S.C. § 1983 , alleging that California Family Code section 7962, the enabling statute affording protection to surrogacy contracts in the state, violates the Substantive Due Process, Procedural Due Process, and Equal Protection rights of surrogate mothers and the children they carry to term. She seeks…