Warning

Info

Table of Contents
UnreasonableWoman, SLS '24 |

0 0

Back to briefs

Johnson v. Calvert

(1993)

Supreme Court of California - 5 Cal. 4th 84

tl;dr:

A couple entered into a surrogacy contract with a surrogate who was going to carry their zygote to term (the surrogate had no biological relation to the baby).

Video Summary


Case Summary

The 1993 case Johnson v. Calvert involved a dispute over parental rights in a surrogacy arrangement. The California Supreme Court ruled in this significant case, setting a legal precedent for recognizing the intended parents as the child's legal parents in such situations.

The case concerned a surrogacy arrangement between Mark and Crispina Calvert and Anna Johnson. Johnson was the gestational surrogate, carrying the Calverts' genetically related child. After the child's birth, Johnson claimed she was the legal mother and sought custody.

The trial court ruled in favor of the Calverts as the legal parents, based on their genetic ties and intention to raise the child. Johnson appealed the decision, arguing that she deserved recognition as the legal mother due to carrying and giving birth to the child.

The California Supreme Court upheld the trial court's ruling, deciding that the Calverts were the child's legal parents. The court determined that intended parents, who provide the genetic material and plan to raise the child, have a stronger claim to legal parenthood than the surrogate. The court also emphasized the importance of recognizing the parties' intentions in surrogacy and protecting the child's best interests.

Johnson v. Calvert is important because it clarified the legal principles for determining parentage in surrogacy and established a precedent for recognizing the intended parents as a child's legal parents, protecting the rights and interests of all parties involved.

ICRAIssue, Conclusion, Rule, Analysis for Johnson v. Calvert

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Johnson v. Calvert case brief summary.

Enjoy unlimited access with our 14-day free trial.

Facts & HoldingJohnson v. Calvert case brief facts & holding

Facts:Defendants, the Calverts, made a contract with a coworker, Plaintiff...

Holding:Reversed. This arrangement was allowed because it was not a...

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Johnson v. Calvert case brief summary.

Enjoy unlimited access with our 14-day free trial.

DeepDiveHighlight a legal term to see the definition

Font size -+
Johnson v. Calvert | Case Brief DeepDive
Majority opinion, author: PANELLI, J.
Level 1
Click below 👇 to DeepDive

This case involves a dispute over the maternity of a child born through surrogacy. The court concluded that the intended parents are the child's natural parents, and the surrogacy contract was deemed valid and enforceable. Maternity can be established through intention to procreate and raise the child, regardless of genetic consanguinity or giving birth. California law recognizes only one natural mother for any child. The court considered the parties' intentions, as expressed in the surrogacy contract, in deciding the issue of maternity under the Act because the agreement is not inconsistent with public policy. The court rejected the argument that surrogacy contracts violate social policies and found that the surrogacy contract used in this case does not violate the public policies embodied in Penal Code section 273 and the adoption statutes. The court acknowledged concerns that surrogacy contracts may exploit or dehumanize women, but recognized that the Legislature is the appropriate forum to address these issues and develop rules of general applicability based on empirical data.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Johnson v. Calvert case brief summary.

Enjoy unlimited access with our 14-day free trial.

Opinion (Concurrence), author: ARABIAN, J., Concurring.
Level 1
Click below 👇 to DeepDive

The court has determined that Crispina Calvert is the natural mother of the child she intended to raise with her husband. However, the concurring judge disagrees with the majority's statement that surrogacy contracts are not against public policy. Surrogacy contracts are a sensitive matter that requires careful, non-adversarial analysis beyond traditional contract law. The court should not unnecessarily involve itself in matters better suited for legislative action. Surrogacy issues are best addressed by the legislature, which has the ability to consider all viewpoints and formulate general guidelines applicable to a broad range of situations. The court should be cautious and not overstep its bounds in light of this legislative failure.

Dissenting opinion, author: KENNARD, J., Dissenting.
Level 1
Click below 👇 to DeepDive

This legal case involves determining legal motherhood for a child born through gestational surrogacy in California. The court granted immediate custody to the biological parents but allowed visitation rights to the surrogate. The debate surrounding the ethical and moral objections to surrogacy is discussed, with advocates proposing enforcing pre-conception contracts and critics arguing that the best interests of the child should be the primary consideration. The Uniform Status of Children of Assisted Conception Act is discussed, which aims to establish the legal status of children born through assisted conception and the rights of all participants in surrogacy arrangements. The majority in this case uses the genetic mother's intent as a criterion to break the tie, but the dissenting opinion disagrees, arguing that the best interests of the child and the rights of the gestational mother should be prioritized.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Johnson v. Calvert case brief summary.

Enjoy unlimited access with our 14-day free trial.

🤯 High points 🤯Key points contributed by students on LSD

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Johnson v. Calvert case brief summary.

Enjoy unlimited access with our 14-day free trial.

LSD+ Case Briefs

Features

  • DeepDive for detailed case analysis
  • Over 50,000 existing case briefs
  • Instant briefs for another 6,000,000 cases
  • Highlight dictionary for legal term definitions
  • Social learning with chat and high points

Over 50,000 Cases Briefed

LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.

14-Day Free Trial

Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.

Integrated Legal Dictionary

Lawyers and judges love to use big words. And Latin, for some reason.

Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.

DeepDive

DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.

Brief anything. Instantly.

Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.

Social Learning with Chat and High Points

Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.

Real-Time Brief Feedback

Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.

Johnson v. Calvert

Chat for Johnson v. Calvert
brief-198
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.