County of Orange v. Cole
G053375
| Cal. Ct. App. | Aug 15, 2017Background
- Brian Cole provided sperm via IVF to Mie Lynn Tsuchimoto; she gave birth to a son in 2008.
- Cole and Tsuchimoto had an ongoing relationship; Cole spent regular nights at her residence, was present at the birth, named the child, and provided financial support and gifts during the child’s early years.
- Cole was married to another woman throughout; he did not introduce the child to his wife/family, never brought the child to his home, and later cut off contact in 2010.
- The County of Orange sued in 2014 to declare Cole the child’s father and obtain child support; the trial court found Cole was a presumed parent under Fam. Code § 7611(d) and ordered support.
- Cole defended by invoking Fam. Code § 7613 (treating a sperm donor as not the natural parent), arguing that section precluded a finding of parenthood.
- The trial court rejected that defense, and the Court of Appeal affirmed, holding section 7613 does not automatically preclude presumed-parent status under section 7611(d) when postbirth conduct establishes a parental relationship.
Issues
| Issue | Plaintiff's Argument (County) | Defendant's Argument (Cole) | Held |
|---|---|---|---|
| Whether Cole was a "presumed parent" under Fam. Code § 7611(d) | Cole received the child into his home and openly held the child out as his own through presence, naming, care, and financial support | Cole denied parental status and said he never intended parental/financial responsibility | Court held there was substantial evidence Cole met § 7611(d); presumption arose and Cole failed to rebut it |
| Whether Fam. Code § 7613 (sperm-donor rule) precludes a finding of parenthood under § 7611(d) | County: § 7613 does not bar a § 7611(d) finding based on postbirth conduct | Cole: As a sperm donor under § 7613, he cannot be declared a parent | Court held § 7613 bars establishing parenthood based solely on biology but does not preclude presumed-parent status based on postbirth conduct under § 7611(d) |
Key Cases Cited
- In re J.O., 178 Cal.App.4th 139 (Cal. Ct. App.) (burden-shifting and standard for rebutting presumed parent under Fam. Code § 7611)
- R.M. v. T.A., 233 Cal.App.4th 760 (Cal. Ct. App.) (standard of review and factors for § 7611(d) holding out/receiving into home)
- Jason P. v. Danielle S., 226 Cal.App.4th 167 (Cal. Ct. App.) (§ 7613 does not automatically preclude a § 7611(d) presumption based on postbirth conduct)