QUESTION PRESENTED
Under the California Family Code should the court grant a petition for parental rights to genetic parents of a child under the age of two, where a clinic mix up resulted in the genetic parents’ embryo being implanted in the gestational parents, who did not intend to create the child, and where failure to allow the child to know his genetic parents would be detrimental to his well-being and none of the parties involved dispute the facts presented?
STATEMENT OF FACTS
The Petitioners request that the court grant their motion for summary judgment. They seek parental rights of their 12-month old genetic child referred to hereafter as Baby E. Mr. and Mrs. Austero tried unsuccessfully for 5 years to have a baby. Transcr. Depo. Lucila Austero 6:15-16, (Dec. 14, 2013). In August of 2008 they tried In Vitro Fertilization (IVF) despite the expense because they desired to create and raise a biological. Id at 6; Transcr. Depo. Julio Austero …show more content…
Or. Granting Genetic Tests, (Dec. 10, 2013). The court also appointed a Child Custody Evaluator, Jessica Walter PHD to evaluate the parties. Id. The Austeros were found to be the genetic parents of Baby E. Re: Results of Genetic Testing for Austeros v. Bluth, Civil Case No. 101, (Dec. 28, 2013). The psychiatrist found that both families lived in comfortable middle class neighborhoods, were well educated, were financially comfortable and personable. Evaluation, Austero v. Bluth, Super. Ct., Family Div., No. 101, (Dec. 31, 2013). She noted that the Austeros daughter, Gabriella was lively, alert, well adjusted and well cared for. Id. at 4. In her evaluations, Ms. Walter found that the harm Baby E. may suffer if custody is changed is unlikely to be permanent, serious damage. Id. at 5. However, if he remains with the Bluths he is likely to sustain some trauma upon learning that they are not his biological parents. Id. at