In re Marriage of Buzzanca, 61 Cal. App. 4th 1410, 72 Cal. Rptr. 2d 280 (Cal. Ct. App. 1998)
In re Marriage of Buzzanca is a landmark California decision addressing parentage in the rapidly evolving arena of assisted reproductive technology (ART). The case squarely confronted a factual scenario in which neither intended parent had any genetic or gestational connection to the child, yet they had orchestrated the conception and birth through a gestational surrogacy arrangement using both an anonymous sperm donor and an anonymous egg donor.
Under California's Uniform Parentage Act and case law, are the intended parents—who initiated and consented to a gestational surrogacy using anonymous gamete donors and thus have no genetic or gestational connection—nonetheless the legal parents of the resulting child, with the attendant rights and obligations (including child support)?
Under California's Uniform Parentage Act, parentage may be established by more than biology; it can be grounded in consent and conduct surrounding assisted reproduction. California Family Code section 7613 reflects that a spouse who consents to assisted reproduction may be treated as a natural parent, and donors of gametes are not legal parents absent agreement to the contrary. Building on Johnson v. Calvert, 5 Cal. 4th 84 (1993), which adopted an intent-based approach where genetic and gestational claims conflict, Buzzanca recognizes that where intended parents are the prime movers who cause conception and birth via ART, their intent and conduct establish parentage, even if they lack genetic and gestational ties.
Yes. The Court of Appeal reversed the trial court, holding that both John and Luanne Buzzanca are Jaycee's legal parents because they initiated and consented to the gestational surrogacy that caused her birth. The surrogate and anonymous donors are not legal parents. The matter was remanded for determinations regarding custody, visitation, and child support, including John's support obligations.
Buzzanca is a foundational ART/parentage case that cements the intended parent doctrine in California. It clarifies that parentage can be established by intent and causation—initiating and consenting to ART—rather than by genetics or gestation alone. The decision prevents children conceived through surrogacy and donor gametes from being rendered legally parentless and ensures that intended parents cannot sidestep obligations like child support through technicalities or post-conception marital changes. For law students, the case illustrates statutory interpretation within the UPA, the interaction between case law (Johnson v. Calvert) and statutory policy (Family Code § 7613), and the principled extension of doctrine to new factual contexts in family law.