Elisa B. v. Superior Court

117 P.3d 660, 33 Cal. Rptr. 3d 46, 37 Cal. 4th 108, 2005 Daily Journal DAR 10196, 2005 Cal. Daily Op. Serv. 7498, 2005 Cal. LEXIS 9065
CourtCalifornia Supreme Court
DecidedAugust 22, 2005
DocketS125912
StatusPublished
Cited by108 cases

This text of 117 P.3d 660 (Elisa B. v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elisa B. v. Superior Court, 117 P.3d 660, 33 Cal. Rptr. 3d 46, 37 Cal. 4th 108, 2005 Daily Journal DAR 10196, 2005 Cal. Daily Op. Serv. 7498, 2005 Cal. LEXIS 9065 (Cal. 2005).

Opinions

Opinion

MORENO, J.

We granted review in this case, as well as in K.M. v. E.G. (2005) 37 Cal.4th 130 [33 Cal.Rptr.3d 61, 117 P.3d 673], and Kristine H. v. Lisa R. (2005) 37 Cal.4th 156 [33 Cal.Rptr.3d 81, 117 P.3d 690], to consider the parental rights and obligations, if any, of a woman with regard to a child bom to her partner in a lesbian relationship.

In the present action for child support filed by the El Dorado County District Attorney, we conclude that a woman who agreed to raise children with her lesbian partner, supported her partner’s artificial insemination using an anonymous donor, and received the resulting twin children into her home and held them out as her own, is the children’s parent under the Uniform Parentage Act and has an obligation to support them.

Facts

On June 7, 2001, the El Dorado County District Attorney filed a complaint in superior court to establish that Elisa B. is a parent of two-year-old twins Kaia B. and Ry B., who were bom to Emily B.,1 and to order Elisa to pay child support.2 Elisa filed an answer in which she denied being the children’s parent.

A hearing was held at which Elisa testified that she entered into a lesbian relationship with Emily in 1993. They began living together six months later. Elisa obtained a tattoo that read “Emily, por vida,” which in Spanish means Emily, for life. They introduced each other to friends as their “partner,” exchanged rings, opened a joint bank account, and believed they were in a committed relationship.

[114]*114Elisa and Emily discussed having children and decided that they both wished to give birth. Because Elisa earned more than twice as much money as Emily, they decided that Emily “would be the stay-at-home mother” and Elisa “would be the primary breadwinner for the family.” At a sperm bank, they chose a donor they both would use so the children would “be biological brothers and sisters.”

After several unsuccessful attempts, Elisa became pregnant in February 1997. Emily was present when Elisa was inseminated. Emily began the insemination process in June of 1997 and became pregnant in August 1997. Elisa was present when Emily was inseminated and, the next day, Elisa picked up additional sperm at the sperm bank and again inseminated Emily at their home to “make sure she got pregnant.” They went to each other’s medical appointments during pregnancy and attended childbirth classes together so that each could act as a “coach” for the other during birth, including cutting the children’s umbilical cords.

Elisa gave birth to Chance in November 1997, and Emily gave birth to Ry and Kaia prematurely in March 1998. Ry had medical problems; he suffered from Down’s syndrome, and required heart surgery.

They jointly selected the children’s names, joining their surnames with a hyphen to form the children’s surname. They each breast-fed all of the children. Elisa claimed all three children as her dependents on her tax returns and obtained a life insurance policy on herself naming Emily as the beneficiary so that if “anything happened” to her, all three children would be “cared for.” Elisa believed the children would be considered both of their children.

Elisa’s parents referred to the twins as their grandchildren, and her sister referred to the twins as part of their family and referred to Elisa as the twins’ mother. Elisa treated all of the children as hers and told a prospective employer that she had triplets. Elisa and Emily identified themselves as coparents of Ry at an organization arranging care for his Down’s syndrome.

Elisa supported the household financially. Emily was not working. Emily testified that she would not have become pregnant if Elisa had not promised to support her financially, but Elisa denied that any financial arrangements were discussed before the birth of the children. Elisa later acknowledged in her testimony, however, that Emily “was going to be an at-home mom for maybe a couple of years and then the kids were going to go into day care and she was going to return to work.”

They consulted an attorney regarding adopting “each other’s child,” but never did so. Nor did they register as domestic partners or execute a written [115]*115agreement concerning the children. Elisa stated she later reconsidered adoption because she had misgivings about Emily adopting Chance.

Elisa and Emily separated in November 1999. Elisa promised to support Emily and the twins “as much as I possibly could” and initially paid the mortgage payments of approximately $1,500 per month on the house in which Emily and the twins continued to live, as well as other expenses. Emily applied for aid. When they sold the house and Emily and the twins moved into an apartment in November 2000, Elisa paid Emily $1,000 a month. In early 2001, Elisa stated she lost her position as a full-time employee and told Emily she no longer could support her and the twins. At the time of trial, Elisa was earning $95,000 a year.

The superior court rendered a written decision on July 11, 2002, finding that Elisa and Emily had rejected the option of using a private sperm donor because “[tjhey wanted the child to be raised exclusively by them as a couple.” The court further found that they intended to create a child and “acted in all respects as a family,” adding “that a person who uses reproductive technology is accountable as a de facto legal parent for the support of that child. Legal parentage is not determined exclusively by biology.”

The court further found that Elisa was obligated to support the twins under the doctrine of equitable estoppel, finding Emily “agreed to have children with Respondent, and relied on her promise to raise and support her children. She would not have agreed to impregnation but for this agreement and understanding.” “The need for the application of this doctrine is underscored by the fact that the decision of Respondent to create a family and desert them has caused the remaining family members to seek county assistance. One child that was created has special needs that will require the remaining parent or the County to be financially responsible for those needs. The child was deprived of the right to have a traditional father to take care of the financial needs of this child. Respondent chose to step in those shoes and assume the role and responsibility of the ‘other’ parent. This should be her responsibility and not the responsibility of the taxpayer.” Elisa was subsequently ordered to pay child support in the amount of $907.50 per child for a total of $1815 per month.

Elisa petitioned the Court of Appeal for a writ of mandate, and the court directed the superior court to vacate its order and dismiss the action, concluding that Elisa had no obligation to pay child support because she was not a parent of the twins within the meaning of the Uniform Parentage Act (Earn. Code, § 7600 et seq.). We granted review.

[116]*116Discussion

We must determine whether the Court of Appeal erred in ruling that Elisa could not be a parent of the twins bom to her lesbian partner, and thus had no obligation to support them. This question is governed by the Uniform Parentage Act (UPA). (Earn. Code, § 7600 et seq.)3

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117 P.3d 660, 33 Cal. Rptr. 3d 46, 37 Cal. 4th 108, 2005 Daily Journal DAR 10196, 2005 Cal. Daily Op. Serv. 7498, 2005 Cal. LEXIS 9065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elisa-b-v-superior-court-cal-2005.