Family Law

Johnson v. Calvert — Study Notes

5 Cal. 4th 84, 851 P.2d 776, 19 Cal. Rptr. 2d 494 (Cal. 1993)

Study notes for Johnson v. Calvert: professor notes, cold call prep, exam angles, and memory aids.

The natural mother of a child conceived through gestational surrogacy using her ovum is the intended mother, despite the gestational carrier giving birth.
Professor Notes

The California Supreme Court's decision in Johnson v. Calvert is an essential case for understanding the legal implications of gestational surrogacy. Professors will emphasize that the court found the genetic mother, Crispina Calvert, to be the natural mother of the child despite Anna Johnson being the gestational carrier. This distinction underscores the evolving legal landscape surrounding ART (Assisted Reproductive Technology) and parental rights. Additionally, the case showcases California's permissive approach to surrogacy agreements, marking a significant point in balancing parental intentions against biological connections.

It is important for students to grasp the implications of the court's ruling on surrogacy not just within California, but also how it may influence other jurisdictions. The ruling affirms that intended parents can have enforceable surrogacy contracts and possess legal parental rights, a conversation that opens up discussions about the rights of different parties involved in assisted reproduction, the enforceability of surrogacy agreements, and potential conflicts between biological and intended parenthood.

Cold Call Prep
  1. 1Explain the main holding of Johnson v. Calvert.
  2. 2What was the significance of the ruling on gestational surrogacy agreements?
  3. 3How does this case define parental rights in the context of ART?
  4. 4What factors did the court consider in determining parental rights?
  5. 5Discuss potential implications of this ruling for future cases involving surrogacy.
Mnemonic Device

M-G-G: Mother (Crispina) is Genetic, Gestational carrier has no legal rights.

Distinguish From
CaseDistinction
In re Marriage of BuzzancaIn Buzzanca, neither partner had a genetic link to the child, leading to different implications for parental rights.
Doe v. BoltonDoe dealt with abortion rights rather than surrogacy arrangements, focusing on the bodily autonomy aspect instead of parental rights.
Policy Arguments

For the Rule

This rule supports intended parents' rights, affirming their desire and legal ability to raise their biological children, thus promoting family formation.

Against the Rule

Critics argue this undermines the gestational carrier's biological connection and could commodify childbirth.

Class Discussion Points
  • How does Johnson v. Calvert compare with other states' approaches to surrogacy?
  • What are the ethical implications of distinguishing between genetic and gestational motherhood?
  • How might this ruling impact future legislation on ART and parental rights?
  • What challenges might arise in enforcing surrogacy agreements?
  • Discuss the role of consent in surrogacy agreements and its implications for familial relationships.
Exam Angle

This case is likely to appear in exams focused on family law or reproductive rights, specifically discussing the legal definitions of motherhood and parental rights in surrogacy agreements.

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