Jason P. v. Danielle S.
California Court of Appeal
171 Cal. Rptr. 3d 789 (2014)
Jason P. (plaintiff) and Danielle S. (defendant) lived together but never married and tried unsuccessfully to conceive naturally. After several failed fertility attempts, Danielle moved out; Jason said he wasn't ready to be a father but agreed she could use his sperm. Jason later took Danielle for another round of IVF, and both signed forms listing themselves as intended parents; Danielle conceived using Jason's sperm. Over the next two and a half years, Jason stayed involved in the child's life — the child called him "Dada," and they kept in contact even when Jason worked in New York. After Danielle ended the relationship, Jason sued to establish paternity. The trial court granted Danielle a nonsuit, reasoning that state policy protects both women's right to conceive with donated sperm free of paternity claims and donors' right to donate without child-support liability. Jason appealed.
Whether a sperm donor may establish presumed paternity based on holding a child out as his own and forming a parent-child relationship arising after birth.