Again we must call on the Legislature to sort out the parental rights and responsibilities of those involved in artificial reproduction. No matter what one thinks of artificial insemination, traditional and gestational surrogacy (in all of its permutations) and--as now appears in the not-too-distant future, cloning and even gene splicing--courts are still going to be faced with the problem of determining lawful parentage. A child cannot be ignored. Even if all the means of artificial reproduction were outlawed with draconian criminal penalties visited on the doctors and parties involved, courts would still be called upon to decide who the lawful parents are and who-- other than the taxpayers--is obligated to provide maintenance and support for the child. These cases will not go away. Again we must call on the Legislature to sort out the parental rights and responsibilities of those involved in artificial reproduction. Courts can continue to make decisions on an ad hoc basis without necessarily imposing some grand scheme. Or, the Legislature can act to impose a broader order which, even though it might not be perfect on a case-by-case basis, would bring some predictability to those who seek to make use of artificial reproductive techniques.

Buzzanca v. Buzzanca, 72 Cal. Rptr. 2d 280 (Cal. Ct. App. 1998).

§1971.__Gestational agreement authorized

1.__Written agreement.__The intended parents and prospective gestational mother, her husband if she is married, a donor or the donors may enter into a written agreement that provides:

A.__The prospective gestational mother is at least 21 years of age and agrees to pregnancy by means of assisted reproduction;

B.__The prospective gestational mother, her husband if she is married and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and

C.__The intended parent or parents become the parents of the child.

2.__Intended parents.__The intended parent or parents must be parties to the gestational agreement.