Legal Opinion

Jhordan C. v. MARY K.

California Court of Appeal

Decided March 28, 1986No. A027810PublishedCited by 20 opinions

1Opinion of the Court

Opinion

KING, J.

I. Holding

By statute in California a “donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived.” (Civ. Code, § 7005, subd. (b); italics added.) In this case we hold that where impregnation takes place by artificial insemination, and the parties have failed to take advantage of this statutory basis for preclusion of paternity, the donor of semen can be determined to be the father of the child in a paternity action.

Mary K. and…

2Cases cited7 opinions

  1. In Re Marriage of ShoreCalifornia Court of Appeal · 1977
  2. Guardianship of Phillip B.California Court of Appeal · 1983
  3. Vincent B. v. Joan R.California Court of Appeal · 1981
  4. Estate of CorneliousCalifornia Supreme Court · 1984
  5. County of Los Angeles v. Superior CourtCalifornia Court of Appeal · 1980

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3Cited by20 opinions

  1. In re K.M.H.Supreme Court of Kansas · 2007
  2. Straub v. B.M.T. Ex Rel. ToddIndiana Supreme Court · 1994
  3. In the Interest of R.C.Supreme Court of Colorado · 1989
  4. West v. Superior Court of Sacramento CountyCalifornia Court of Appeal · 1997
  5. Km v. EgCalifornia Supreme Court · 2005

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