What factors will be considered in determining the best interests of the parties in a gestational surrogacy situation?

California, United States of America


The following excerpt is from Johnson v. Calvert, 19 Cal.Rptr.2d 494, 5 Cal.4th 84, 851 P.2d 776 (Cal. 1993):

[851 P.2d 800] The determination of a child's best interests does not depend on the parties' relative economic circumstances, which in a gestational surrogacy situation will usually favor the genetic mother and her spouse. (See Matter of Baby M., supra, 537 A.2d at p. 1249.) As this court has recognized, however, superior wealth does not necessarily equate with good parenting. (See Burchard v. Garay (1986) 42 Cal.3d 531, 540, 229 Cal.Rptr. 800, 724 P.2d 486.)

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