Patton v. Vanterpool

806 S.E.2d 493, 302 Ga. 253
CourtSupreme Court of Georgia
DecidedOctober 16, 2017
DocketS17A0767
StatusPublished
Cited by26 cases

This text of 806 S.E.2d 493 (Patton v. Vanterpool) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patton v. Vanterpool, 806 S.E.2d 493, 302 Ga. 253 (Ga. 2017).

Opinions

HUNSTEIN, Justice.

OCGA § 19-7-21 creates an “irrebuttable presumption” of legitimacy with respect to “[a] 11 children born within wedlock or within the usual period of gestation thereafter who [were] conceived by means of artificial insemination.” (Emphasis supplied.) This appeal presents the question of whether that irrebuttable presumption applies to children so conceived by means of in vitro fertilization (“IVF”). We conclude that it does not and reverse the judgment of the superior court.

In January 2014, after approximately three years of marriage, David Patton (“Appellant”) filed a complaint for divorce against Jocelyn Vanterpool, M.D. (“Appellee”). During the pendency of the divorce, the parties consented to Appellee undergoing IVF treatment,1 which would eventually utilize both donor ova and donor sperm; on November 10, 2014, Appellee traveled to the Czech Republic for the IVF procedure. Four days later, on November 14, 2014, a final judgment and decree of divorce was entered in the divorce action. The divorce decree incorporated the parties’ settlement agreement, which reflects that, at the time of the agreement, the parties neither had nor were expecting children produced of the marriage.

Approximately 29 weeks later, on June 6, 2015, Appellee gave birth as a result of the November 2014 IVF procedure. Appellee subsequently moved the superior court to set aside the decree of divorce, seeking to include the minor child in the divorce agreement; this motion was denied. Appellee thereafter instituted a paternity action against Appellant, alleging that he gave written, informed consent for IVF and that OCGA § 19-7-21 created an irrebuttable presumption of paternity; Appellee also sought child support. In response, Appellant argued that he did not meaningfully consent to IVF and that, even if he did, OCGA § 19-7-21 is unconstitutional. The trial court sided with Appellee, granting her summary judgment on the issue of paternity. In September 2016, this Court granted Appellant’s application for discretionary appeal, asking the parties to [254]*254address whether OCGA § 19-7-21 applies to children conceived by means of IVF and, if so, whether OCGA § 19-7-21 is unconstitutional.2

We are tasked with interpreting the text of OCGA § 19-7-21 to discern whether the irrebuttable presumption created with respect to children conceived by means of “artificial insemination” extends to children conceived by IVF therapy. “A statute draws its meaning, of course, from its text.” (Citation omitted.) Chan v. Ellis, 296 Ga. 838, 839 (770 SE2d 851) (2015). Under our well-established rules of statutory construction, we

presume that the General Assembly meant what it said and said what it meant. To that end, we must afford the statutory text its “plain and ordinary meaning,” we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.

(Citations and punctuation omitted.) Deal v. Coleman, 294 Ga. 170, 172-173 (751 SE2d 337) (2013). Though we may review the “text of the provision in question and its context within the larger legal framework to discern the intent of the legislature in enacting it,” Scott v. State, 299 Ga. 568, 571 (788 SE2d 468) (2016), where the statutory text is “clear and unambiguous,” we attribute to the statute its plain meaning, and our search for statutory meaning ends. See Deal, 294 Ga. at 173. With these principles in mind, we begin our analysis, applying a de novo standard of review to the judgment of the trial court. Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2) (691 SE2d 218) (2010).

OCGA § 19-7-21 concerns the parent-child relationship generally, stating as follows: “All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination.” At issue here is the term “artificial insemination,” which is not defined by statute.3 Artificial insemination, which has been in use since the late eighteenth century and has been so named since the early nineteenth century, see Kara [255]*255W. Swanson, Adultery By Doctor: Artificial Insemination, 1890-1945, 87 Chi.-Kent L. Rev. 591 (2012), has been consistently defined as the “introduction of semen into the uterus or oviduct by other than natural means ... in order to increase the probability of conception.” Webster’s Third International Dictionary 124 (1967). See also Black’s Medical Dictionary 65 (26th ed. 1965) (defining artificial insemination as “the introduction of semen into the vagina by artificial means”); Stedman’s Medical Dictionary (28th ed.) (updated Nov. 2014) (defining artificial insemination as “introduction of semen into the vagina other than by coitus”); 59 AmJur2d Parent and Child § 7 (“Artificial insemination is the introduction of semen into the female reproductive tract by mechanical means in order to effect pregnancy without sexual intercourse.”); 8 Attorneys Medical Advisor § 83:12 (“Artificial insemination . . . refers to the artificial injection of semen into the female’s reproductive tract.”). Thus, as the procedure has been understood for over 150 years, see, e.g., J. Marion Sims, Clinical Notes on Uterine Surgery: With Special Reference to the Management of the Sterile Condition 372 (1866), artificial insemination involves the introduction of semen to the female reproductive tract to further the purpose of in vivo4 fertilization of an ovum. See In re Baby Doe, 353 SE2d 877, 878 (S.C. 1987) (“Artificial insemination is the introduction of semen into the reproductive tract of a female by artificial means.”). We conclude, given the history and well-established meaning and use of the term “artificial insemination,” that the term is not ambiguous as it is used in OCGA § 19-7-21.5 We now must address whether artificial insemination includes IVF.

In vitro fertilization was first described in the 1970s, see Janet L. Dolgin, The Law Debates the Family: Reproductive Transformations, 7 Yale J. L. & Feminism 37 (1995), and involves “[a] procedure [in] [256]*256which an egg is fertilized outside a woman’s body and then inserted into the womb for gestation.” Black’s Law Dictionary 956 (10th ed. 2014). See also Stedman’s Medical Dictionary (28th ed.) (online database updated Nov.

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Bluebook (online)
806 S.E.2d 493, 302 Ga. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-vanterpool-ga-2017.