Johnson v. Calvert
Overview
- Intended Parents: Mark and Crispina Calvert
- Surrogate: Anna Johnson
- Location: California Supreme Court
- Date: 1993
- Result: Intended Parents who use a surrogate to carry their child using their own fertilized egg are the legal parents
Johnson v. Calvert is a landmark case in California law that dealt with the issue of surrogacy and parental rights. The case was decided by the Supreme Court of California in 1993.
The case involved a gestational surrogacy arrangement in which the married intended parents, Mark and Crispina Calvert, hired a surrogate, Anna Johnson, to carry a child for them using their own fertilized egg. The parties signed a surrogacy agreement, which provided that the Calverts would be the legal parents of the child and that Johnson would have no parental rights or responsibilities.
However, during the pregnancy, Johnson changed her mind and decided that she wanted to keep the child. The Calverts sued for custody, and the trial court awarded them custody, finding that the surrogacy agreement was valid and enforceable.
On appeal, the California Supreme Court affirmed the trial court’s decision, holding that the surrogacy agreement was not against public policy and that the intended parents were the legal parents of the child. The court reasoned that the traditional rule of maternity - that the woman who gives birth to a child is the legal mother - should not apply in gestational surrogacy cases where the surrogate has no genetic relationship to the child.
The court also recognized the importance of surrogacy as a means of creating families and noted that “surrogacy agreements, like other contracts, are to be enforced unless they contravene public policy.” However, the court cautioned that such agreements must be carefully scrutinized to ensure that they are not exploitative or coercive.
In summary, Johnson v. Calvert established that intended parents who use a surrogate to carry their child using their own fertilized egg are the legal parents of the child and that surrogacy agreements are generally enforceable in California. The case has been cited as a leading authority on surrogacy law and has influenced the development of surrogacy law in other states and countries.