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Keywords

trialhearsay
appealhearsay

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Prato-Morrison v. Doe, 103 Cal.App.4th 222, 126 Cal.Rptr.2d 509, 2002 Daily Journal D.A.R. 12,425

Facts

Issue

Did the Morrisons have standing to pursue a parentage action against the Does, the presumed parents of the twins?

Did the Morrisons have standing to pursue a parentage action against the Does, the presumed parents of the twins?

Rule

Analysis

The court found that the Morrisons failed to provide admissible evidence to establish a genetic link to the twins. The only evidence they presented was a declaration from a former clinic employee and a list that was deemed inadmissible hearsay. Since the Morrisons could not prove their status as genetic parents, they lacked standing to pursue the action. Furthermore, even if a genetic link were established, the court emphasized that the best interests of the children were paramount, and allowing the Morrisons to intrude into the children's lives would not serve those interests.

The Morrisons contend their evidence is sufficient to establish Donna Morrison's status as the genetic mother and, therefore, her standing to pursue a parentage action. We disagree. The declaration and list were properly excluded as inadmissible hearsay that does not satisfy the requirements of the business records exception to the hearsay rule. Since Ord's declaration and list were properly excluded and since there is no other evidence suggesting a genetic link between the Morrisons and the Does' twins, the Morrisons had no standing to pursue their parentage action.

Conclusion

The court affirmed the trial court's dismissal of the Morrisons' complaint, concluding that they did not have standing to pursue a parentage action.

The order of dismissal is affirmed. The Does are awarded their costs of appeal.

Who won?

The prevailing party in this case was Judith and Jacob Doe, the presumed parents of the twins. The court ruled in their favor, emphasizing the importance of the established family relationship between the Does and their daughters. The court recognized that the twins had a long-standing social relationship with their presumed parents, which outweighed any potential genetic connection to the Morrisons. The ruling protected the children's best interests by preventing unnecessary intrusion into their lives by individuals who lacked legal standing.

The Does are the twins' presumed parents. The undisputed evidence establishes that Judith Doe has at all times intended to raise the twins as her own, that she in fact gave birth to the twins, that Jacob Doe was not impotent or sterile at the time the twins were conceived, and that he was living with (and married to) Judith Doe both at the time of the twins' conception and at their birth.

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