In re Marriage of Buzzanca 61 Cal.Appp.4th 1410, 72 Cal.Rptr.2d 280 (1998) Luanne and John Buzzanca wanted a child. They got a fertilized embryo unrelated to either of them and had it implanted in a surrogate. o They were trying to get a child with perfect DNA. After the pregnancy started, the Buzzanca divorced. o Luanne claimed that the she and John were the lawful parents. o John disclaimed any responsibility. o The surrogate disclaimed any responsibility. The Trial Court determined that the baby had no lawful parents! o The Trial Court found that the surrogate was not the parent because she was simply providing a service to the Buzzancas. Neither were the donors. o The Trial Court found that neither Buzzanca was the parent since neither of them had any biological relationship to the baby. Luanne didn't provide an egg, genetic material, or give birth. o The Trial Court found that the child was a "legal orphan." The Appellate Court reversed and found the baby to be the legal child of Luanne and John. o The Appellate Court noted that there are instances where a non-biological father can be held to be the legal father of a child. When a husband consents to the wife's artificial insemination (due to infertility issues), he is the legal father even though there is no biological relationship. Similarly, both Buzzancas consented to the creation of the baby, so they are the legal parents. o Under the Uniform Parentage Act, there are a number of ways paternity can be established other than biology, including: Project Wonderful - Your ad here, right now, for as low as $0 The parents were married at the time of birth. Consenting to be named the father on the child's birth certificate. The Appellate Court felt that there decision was a stop-gap measure and made an open request to the Legislature to say something conclusive about this issue. This case established the concept of parentage by consent. o The question is still open as to whether this decision would allow the child to inherit from the Buzzancas, or if it is just applicable to custody and support. o Uniform Parentage Act § 707 specifically says that if you agree to have a child by assisted reproduction, but die before placement, any child that eventually results from your agreement cannot inherit as your heir (unless you specifically say so in writing).
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