Prato-Morrison v. Doe
Court of Appeal of California
126 Cal.Rptr.2d 509 (2002)
After the Morrisons (Prato-Morrison, plaintiff, and her husband) settled a lawsuit against a fertility clinic over eggs allegedly taken without consent, they learned their genetic material may have been implanted in Judith Doe (defendant), who gave birth to twin daughters; the Morrisons sued the Does seeking visitation and DNA testing to confirm parentage. When challenged on standing, the Morrisons submitted a declaration and handwritten list from a fertility biologist, compiled eight years after the fact from unspecified clinical records, asserting the nonconsensual transfer had occurred; the trial court excluded the document as hearsay and dismissed the complaint, and the Morrisons appealed.
Whether secondary evidence offered to prove the content of missing original documents must itself be independently admissible in court.