Jason P. v. Danielle S.Annotate this Case
Jason P., a sperm donor, sought to establish that he is a legal parent of a child conceived through in vitro fertilization (IVF) using his sperm, and that he is entitled to joint legal and physical custody of the child with the child’s mother, Danielle S. Jason and Danielle were involved in a romantic relationship. In this second appeal, Danielle challenged the family law court's finding that Jason is a presumed parent and the family law court's custody order. The court concluded that the family law court correctly applied the law governing presumed parentage, and its finding that Jason is a presumed parent was supported by substantial evidence; however, the family law court's award of joint custody was premature because it had not yet received evidence that Jason completed the requirements that court deemed necessary to rebut the Family Code section 3044 presumption; and thus the court affirmed the parentage finding, but conditionally reversed as to the award of custody. The court directed the family court on remand to determine and make findings as to whether Jason satisfied the conditions the family court deemed necessary to rebut the section 3044 presumption.