Surrogate Files Appeal Over Losing Custody

Attorneys for surrogate mother Anna L. Johnson on Friday filed their long-expected arguments in an appeal of a lower-court decision in which Johnson lost custody of the infant.

The appeal alleges that Orange County Superior Court Judge Richard N. Parslow Jr. erred and was “playing God” in his Oct. 22 decision that gave full custody of the baby to his biological parents, Mark and Crispina Calvert.

“This case,” the appeal states, “represents one of the clearest examples ever of a trial judge playing God. . . . Anna Johnson was denied due process of law and a fair hearing.”

Johnson attorney Richard C. Gilbert predicted success in the appeal: “I predict that we’ll have a decision by late May or June, and I think by June, Anna Johnson will be the mother of this baby.”

Calvert attorney Christian R. Van Deusen said he would file a rebuttal within 30 days: “We will go down all the issues raised and answer them and set out what we believe to be the law.”

The 4th District Court of Appeal in Santa Ana will hear the case after reviewing written legal arguments.

At issue is custody of a boy born Sept. 19, who had been conceived from a sperm and an egg taken from the Calverts. The fertilized egg then was placed in Johnson’s womb.

Johnson signed a contract to be the surrogate mother but later disavowed the agreement, saying she had become bonded to the baby and wished to keep him.

The case drew international attention, largely because of its novel legal issues. Experts have said the appeal will also attract widespread attention.

The brief filed by Gilbert on Friday makes several arguments as to why Judge Parslow’s decision should be set aside. They include:

* “The parties did not understand the contract. There were no guarantees. Anna Johnson believed she had the right to change her mind and not relinquish her parental rights.”

* State law “expressly prohibits a sperm donor, and . . . this would apply equally to an egg donor, from being declared a natural mother or father, where the egg or sperm was artificially inseminated.”

* “The three states (California, New York and New Jersey) that have studied surrogacy contracts in depth have all concluded that the woman who gives birth should be considered the legal mother, regardless of whether or not the child is genetically related to the child.”

* “Everything that the Calverts attempted to do in connection with the surrogacy arrangement is contrary to every public policy supporting California’s child welfare laws.”