R.M. v. T.A.

233 Cal. App. 4th 760, 182 Cal. Rptr. 3d 836, 2015 Cal. App. LEXIS 66
CourtCalifornia Court of Appeal
DecidedJanuary 27, 2015
DocketNo. D064922
StatusPublished
Cited by54 cases

This text of 233 Cal. App. 4th 760 (R.M. v. T.A.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.M. v. T.A., 233 Cal. App. 4th 760, 182 Cal. Rptr. 3d 836, 2015 Cal. App. LEXIS 66 (Cal. Ct. App. 2015).

Opinion

Opinion

HALLER, J.

— In this family law proceeding, T.A. (Mother) appeals from a judgment finding that R.M. (RM) is the presumed father of Mother’s biological daughter (Child). Mother conceived Child through artificial insemination procedures, and RM is not the biological father. The trial court declared RM to be Child’s presumed father by applying the parentage presumption set forth in Family Code section 7611, subdivision (d) (hereafter, section 7611(d)).1 This statutory provision creates a presumption that a person is the natural parent of a child if the person shows by a preponderance of the evidence that he or she received the child into his or her home and openly held the child out as his or her own child. Also, the statutory scheme allows an opposing party to rebut the presumption by clear and convincing evidence. (§ 7612, subd. (a).)

[764]*764Mother claims she chose to be a single parent of Child and raises numerous constitutional and other legal challenges to the manner in which the presumed parent statutory scheme was applied in her case. Based on the fundamental constitutional right to parent one’s child without interference, she requests that we establish a rule that a decision to form a single parent family should be afforded the same constitutional protection as a two parent familial arrangement. She also asserts the standards associated with the presumed parent statute do not adequately protect the constitutional rights of a single parent “by choice.”

We hold that application of the presumed parent statutory scheme in this case did not constitute an unconstitutional interference with Mother’s fundamental right to parent her child. We conclude (1) the section 7611(d) parentage presumption serves the legitimate state interest in providing stability for children who have a parental relationship with the person afforded presumed parent status; (2) because the statutorily prescribed requirements for the presumption necessitate a fully developed parental relationship between the person and the child, the statute ensures that application of the presumption will not deprive a parent of his or her right to raise a child without interference by a nonparental figure; and (3) there is no basis for us to alter the long-established standards that govern the presumed parent statutory scheme.

Mother also contends the trial court misunderstood and misapplied the law, including by (1) evincing a judicial preference for a two parent familial arrangement rather than affording equal weight to her single parent choice, and (2) stating the parentage presumption in this case was not rebuttable because no other person was seeking presumed parent status. As we shall explain, we reject these contentions of reversible error.

Finally, interspersed with her various constitutional and other legal challenges, Mother in effect asserts there is insufficient evidence to support the court’s presumed parent finding. As set forth above, we first independently review Mother’s contentions of legal error, and then consider her claim that the court should have weighed the facts in a different manner, which in essence is a challenge to the sufficiency of the evidence.2 We hold the evidentiary record supports that RM is Child’s presumed parent and that the presumption was not rebutted.

[765]*765FACTUAL AND PROCEDURAL BACKGROUND3

Mother resides in San Diego, and RM lives in New Orleans, Louisiana. They each own homes in their respective states and were never married. They met in 2004 in New Orleans while Mother was stationed there in the Navy between 2003 and 2005. After Mother returned to San Diego, Mother conceived Child by artificial insemination procedures with the sperm of an anonymous donor. Child was bom in San Diego in March 2008, and five months later Mother retired from the Navy. During the first two years of Child’s life, Mother and RM maintained a long-distance relationship, during which Mother and Child regularly stayed with RM at his Louisiana home. In July 2010, Mother gave birth to another daughter (Second Child) in San Diego; this child was conceived naturally and is RM’s biological child. Mother ended her relationship with RM in 2010. Mother does not dispute that RM has parental rights as to his biological child, but claims he has no parental rights concerning Child.

In March 2011, RM filed a petition to establish a parental relationship between himself and Child. (§ 7650, subd. (a).)4

Mother and RM testified at trial, along with several other witnesses called to support their respective positions. Mother testified that when she and RM were first dating, she told him that her plan was to become a single mother. She started preparing for artificial insemination while in Louisiana, and she turned down a promotion and decided to give up her career in the Navy so she could become a “single mother and do this on [her] own.” She requested and obtained a transfer to San Diego where she received fertility and insemination treatments for about 17 months, using donated sperm from a sperm bank. After undergoing an in vitro insemination procedure, she discovered she was pregnant in July 2007.

Mother testified that she and RM had ended their relationship before she moved back to San Diego. However, after she had been undergoing artificial insemination treatments for about one year, they started dating again. According to Mother, RM was not involved in the treatments and she did not use his sperm during the treatments. RM testified he thought Mother was trying to [766]*766get pregnant with his sperm; he provided his sperm to a San Diego sperm bank for this purpose; and he did not discover she did not use his sperm until she told him after she was pregnant.5

According to RM, even though he was not the biological father, in the summer of 2007 after Mother was pregnant she asked him to be Child’s father, and he agreed. RM testified that Mother asked him to help her raise Child and told him she wanted Child to have a father because she did not have one. Mother testified she never said this to RM, and it was “inconceivable” to her that after undergoing artificial insemination treatment for years she would make a decision to allow him to be the father a few weeks after she became pregnant.

RM made several trips to visit Mother in San Diego before and at the time of Child’s birth. He was present at a sonogram, attended a birthing class with Mother, drove Mother and Grandmother to the hospital for Child’s birth, and was at the hospital when Child was bom. Grandmother (but not RM) stayed with Mother during the actual birth. While Mother was recovering, RM stayed with Child during the first two hours of her life in the neonatal intensive care unit. He also accompanied Child when she had to leave the hospital room for hearing tests and other procedures, and spent the night at the hospital during Mother’s and Child’s stay there.

According to RM, he was generally recognized by the hospital staff as Child’s father. He acknowledged he was not listed on the birth certificate as Child’s father, and he did not object when Mother told hospital staff that Child was conceived through a sperm donor and thus there was no father to list on the birth certificate. He also acknowledged that he signed a declaration of paternity at the hospital for Second Child but did not do this for Child.

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Cite This Page — Counsel Stack

Bluebook (online)
233 Cal. App. 4th 760, 182 Cal. Rptr. 3d 836, 2015 Cal. App. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rm-v-ta-calctapp-2015.