Cook v. Harding

190 F. Supp. 3d 921, 2016 U.S. Dist. LEXIS 73466, 2016 WL 3190556
CourtDistrict Court, C.D. California
DecidedJune 6, 2016
DocketCase No 2:16-cv-00742-ODW (AFM)
StatusPublished
Cited by21 cases

This text of 190 F. Supp. 3d 921 (Cook v. Harding) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Harding, 190 F. Supp. 3d 921, 2016 U.S. Dist. LEXIS 73466, 2016 WL 3190556 (C.D. Cal. 2016).

Opinion

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS [44, 46, 54, 60]

OTIS D. WRIGHT, II, UNITED STATES DISTRICT JUDGE ,

I. INTRODUCTION

Plaintiff Melissa Kay Cook (“Cook”), individually and as Guardian Ad Litem for [925]*925Babies A, B, and C, ■brings suit against Governor Jerry Brown, Karen Smith (Director and State Public Health Officer for the California Department of Public Health), Cynthia Harding (Director of Los Angeles County Public Health Department), Jeffrey Gunzenhauser (Medical Director for Los Angeles County Public Health), and Dean Logan (Registrar-Recorder for Los Angeles. County) in their official capacities, as well as Kaiser Foundation Hospital, Panorama City Medical Center, Payman Roshan (Senior Vice President and Patient Administrator for Panorama City Medical Center), and C.M. (the genetic father and intended parent of Babies A, B, and C).

Cook brings asrapplied. and facial constitutional challenges under 28 U.S.C. § 1983, alleging that California Family Code section 7962, the enabling statute affording protection to surrogacy contracts in the state, violates the Substantive Due Process, Procedural Due Process, and Equal Protection rights of surrogate mothers and the children they carry to term. She seeks declaratory and injunctive relief. (Second Amended Complaint (“SAC”), ECF No. 25.)

Now before the Court are four Motions to Dismiss. (ECF Nos. 44, 46, 54, 60.) Each asks this Court to refrain from retaining jurisdiction over Cook’s case based on myriad abstention and jurisdictional doctrines. Because the Motions raise similar arguments, the Court will address all four in this Order. For the reasons discussed below, the Court finds it necessary to abstain, and accordingly GRANTS dismissal of the matter in its entirety with prejudice under Rule 12(b)(1).

II. FACTUAL BACKGROUND

A. Surrogacy Contracts in California

At the heart of Cook’s claims lies the Family Code provision that allows for the enforceability of surrogacy contracts in California. (SAC ¶ 1.) However, in order to understand the. current scientific and legal landscape .in. which Cook and the Defendants find themselves, a history lesson is appropriate.

' In 1975, California adopted the Uniform Parentage Act in an effort to eliminate the legal distinction between legitimate and illegitimate children. See Johnson v. Calvert, 5 Cal.4th 84, 88-89, 19 Cal.Rptr.2d 494, 851 P.2d 776 (1993). In the wake of several Supreme Court decisions mandating the equal treatment of children regardless of the marital status of their parents, the Act instead based parent and child rights on the existence of a parent-child relationship, rather than on, the marital status of the parents. See id, (citing Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 20 L.Ed.2d 436 (1968)) (state could not deny illegitimate children the right to bring a tort action for wrongful death of the parent if it gave a legitimate child the same right); Glona v. Am. Guarantee Co., 391 U.S. 73, 88 S.Ct. 1515, 20 L.Ed.2d 441 (1968) (state could not deny the parent of an illegitimate child the'right to bring a tort action for wrongful death of a child if it gave the parent of a legitimate child the same right).

The Act became part 7 of division 4 of the California Civil Code, sections 7000-7021, defining, the “parent and child relationship” as “the. legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations,” and applying the definition “equally to every child and to every parent, regardless of the marital status of the parents.” Cal. • Civ. Code §§ 7001-7002. Under state law, the “parent and child relationship” would thus encompass two kinds of parents, both “natural” and “adop[926]*926tive.” Id.; see also Calvert, 5 Cal.4th at 89, 19 Cal.Rptr.2d 494, 851 P.2d 776.

The Act, of course, did not imagine the myriad ways in which technology and human ingenuity would expand our notions of family and parentage. Louise Brown, the first human to be born via in vitro fertilization, or IVF,1 was born three years after California adopted the Act; the first American born via IVF was born in 1981.2 Today, nearly two percent of all children born are conceived through IVF or other forms of assisted reproductive technologies.3 Adding an additional layer to the twenty-first century notion of the family, several children are born not from their mother, but from a third party surrogate. Surrogacy, however, is nothing" new; would-be parents yearning for a child of their own have enlisted the help of others since biblical times.4 Coupling the help of a third party surrogate and IVF technology, a woman may bear a child with whom she has no genetic relationship.5 Today, thousands of children are born through surrogacy arrangements.6 In Calvert, the [927]*927California Supreme Court held that such arrangements are permissible and that, in light of the Uniform Parentage Act’s definition of parentage, the intended mother— and not the surrogate — should be deemed a child’s mother. 5 Cal.4th at 90-97, 19 Cal.Rptr.2d 494, 851 P.2d 776.

Surrogacy arrangements began and continued in California without any statutory authorization until, in 2012, the California legislature passed the statute at issue here. 2012 Cal. Legis. Serv, (West). Under section 7962 of the California Family Code, where a' gestational surrogate or carrier7 and the intended parent(s) énter into a contract that meets certain specifications, and where that contract is presented before a court, thé intended parents will be listed' on the issued birth certificate and all parental rights of the surrogate1 will be severed. See Cal. Fam. Code § 7962. (See also SAC ¶ 23.)

Presenting a valid surrogacy agreement to the court rebuts any presumptions that the surrogate and her spouse are the legal parents of the child or children. § 7962. For a surrogacy contract to be valid under the statute, the contract must have the following information:

1. The date the contract was executed;
2. The names of the persons from which the gametes [ova and sperm] originated, unless anonymously donated;
3. The name(s) of the intended parent(s); and
4. A disclosure of how the medical expenses of the surrogate andr the pregnancy will be handled, including a review of applicable health insurance coverage and what liabilities, if any, that may fall on the surrogate.

Furthermore, this agreement must be entered into before any embryo transfer begins; both the intended parent(s) and the surrogate must be represented by separate, independent counsel before executing the agreement; and the agreement must be signed and notarized.

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Cite This Page — Counsel Stack

Bluebook (online)
190 F. Supp. 3d 921, 2016 U.S. Dist. LEXIS 73466, 2016 WL 3190556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-harding-cacd-2016.