On May 24, 2005, the California Supreme Court heard oral arguments on two cases that could be pivotal to gay and lesbian rights to parent using assisted reproduction. The issues in Elisa B., and Kristine H. are as follows : (1) May the presumption in Family Code section 7611(d)—that a man is a presumed father if he “receives the child into his home and openly holds the child out as his natural child”—be applied to a birth mother’s same-sex partner when both women made the decision to have a child, received the child into their home and held the child out as their own, and agreed to support the child? (2) Under Johnson v. Calvert (1993) 5 Cal.4th 84, can both same-sex partners be considered the legal parents of children conceived as a result of artificial insemination and born during their domestic partnership? (3) Must a woman who donates ova that are fertilized in vitro and implanted in her domestic partner’s womb, resulting in the birth of a child, file an adoption petition in order to be a parent of the child under Johnson v. Calvert?
For more information about the cases and to hear the oral arguments, click the following link: http://www.courtinfo.ca.gov/courts/supreme/