Background of the Parentage (aka Paternity) Case
The Petitioner entered into a written agreement with a lesbian couple to be a sperm donor for their child. The parties to the agreement were C.C, the Petitioner, and L.B, the Respondent. The agreement outlined that the Petitioner would not seek guardianship, custody, or parental rights over any child born from the donation. It also granted him visitation rights but made it clear that
he would not be a legal parent, because L.B.’s wife would adopt the child.
The child was born following the sperm donation and was later adopted by L.B.’s wife. The Petitioner maintained a relationship with the child for 11 years, but when the child reached her 12th birthday, she expressed a desire to stop visiting the Petitioner. The Petitioner then filed a petition to establish himself as a presumed parent under California Family Code section 7611(d), or as a third parent under the three-parent law (Family Code § 7612(c)).
Trial Court Proceedings
The Respondents moved to quash the petition arguing that the agreement between CC and LB prevented the Petitioner from pursuing parentage. The trial court agreed and dismissed that part
of the petition. However, it allowed the question of visitation to move forward. The judge found that the agreement granted the Petitioner visitation rights but terminated his parental rights. The court found that the Petitioner’s voluntary consent to terminate his parental rights was final and irrevocable. The consent precluded the Petitioner from asserting parentage. The Petitioner
appealed the trial court’s decision.
Appellate Proceedings
The Appellate Court affirmed part of the ruling. It cited Family Code section 8617(a) which states that once a child is adopted, the biological parent is relieved of all parental duties and
rights over the child. The court held that the Petitioner had consented to the adoption and given up all parental rights, making it impossible for him to claim parentage later. The Appellate Court rejected the Petitioner’s argument that the three-parent law could apply, stating that it does not permit a parent who has voluntarily relinquished parental rights to later claim the status of a third parent.
The Appellate Court also held that the written agreement did not give the Petitioner any right to legal parentage. It did the opposite, it prevented him from demanding, requesting, or compelling
any guardianship or custody.
The Appellate Court further stated though that although the Petitioner played an important role in the child’s life, he is not a parent. The Petitioner, therefor as a non-parent, has no standing to initiate an action for visitation under the Family Code.
Key Takeaways
Key Point
When a parent agrees to give up parental rights in an adoption or by a donor agreement, the waiver of those rights is final.
Why it Matters
If a biological parent continues a relationship with the minor child after an adoption, that biological parent’s visitation can be terminated by the child’s legal parents if the biological parent has waived his right to parentage.
Key Point
If a parent’s rights are terminated, a parent does not have standing to seek presumed parent status or parentage under the three-parent law.
Why it Matters
Once rights are terminated, there is no return. The adoption is final.
Key Point
If you spend time with a minor child, you cannot request visitation unless you establish parentage first.
Why it Matters
Sometimes stepparents raise children with their spouses and later get divorced. To obtain visitation rights, the parent must first establish parentage.
This case underscores the legal implications of sperm donation agreements and the importance of clear, voluntary consent in determining parental rights.
If you are dealing with a similar family law issue or need assistance with establishing parentage in Orange County, consider reaching out to Treviño Law. Our office in Laguna Hills, easily accessible from the 405 and 5 freeways, is here to help with your legal needs.
Disclaimer: This article provides general information and does not establish an attorney-client relationship. For specific legal advice, please contact Treviño Law, Inc.