California Dependency & Parentage: Lessons from Miles v. Gernstein and In re Marriage of J.G. & K.G.
The California Court of Appeals has recently issued two influential decisions that underscore the evolving legal landscape in dependency and parentage law. These cases—Miles v. Gernstein (March 28, 2025) and In re Marriage of J.G. & K.G. (May 2, 2025)—both ultimately serve to highlight the California court’s efforts to reinforce the “best interests of the child” standard in cases that involve reproductive agreements and child custody.
Surrogacy Agreements Are Binding: Miles v. Gernstein
In Miles v. Gernstein, the appellate court addressed whether a pre-birth surrogacy agreement was legally binding, even if it was entered into before a child was born. The court upheld the enforceability of the agreement, confirming that the intended parents named in a properly executed surrogacy contract should be recognized as the legal parents.
The court’s ruling affirms the rights of intended parents under the Uniform Parentage Act (UPA) and serves as another reinforcement in California’s long-standing recognition of surrogacy arrangements. Parents and surrogates should ensure that they enter into well-drafted, legally compliant agreements and understand the terms of those agreements. This case highlights that family courts are likely to continue giving substantial weight to the terms of surrogacy contracts, provided statutory formalities are followed.
However, another recently decided case highlights the separate, important issues of special safeguards that can go into effect in the event of domestic violence.
Domestic Violence Overrides Parental Agreements: In re Marriage of J.G. & K.G.
In In re Marriage of J.G. & K.G., the Court of Appeal made clear that trial courts must not award joint custody based solely on mutual parental consent in some cases involving domestic violence. The court emphasized that under California Family Code § 3044, there is a statutory presumption against awarding joint or sole custody to a parent with a history of domestic abuse.
Courts have a duty to independently assess the child’s best interests, even when both parents request joint custody. Domestic violence cannot be sidelined or minimized through private agreements.
The Courts Continue to Prioritize the Best Interests of the Child
These recent decisions reflect the judiciary’s growing attentiveness to both the legal rights of parties in nontraditional parentage arrangements, and the protective framework surrounding custody in cases of family violence. While Miles offers clarity and assurance to intended parents navigating surrogacy, J.G. & K.G. reinforces that California courts remain vigilant in prioritizing child safety above all else.
Contact Cardwell Steigerwald Young, LLP
If you are navigating a parentage, custody, or surrogacy matter, seeking early legal guidance is essential to protecting your rights and your child’s well-being. If you have questions about these rulings or the specifics in your own case, contact an experienced San Francisco family law attorney at Cardwell Steigerwald Young, LLP.
Sources:
caselaw.findlaw.com/court/crt-app-thi-dis-cal-el-dor/117229010.html
law.justia.com/cases/california/court-of-appeal/2025/c099438.html
