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Jason P. v. Danielle S.

In a long-running case involves the effort by a sperm donor to establish that he is a legal parent of a child conceived through in vitro fertilization (IVF) using his sperm, and that he is entitled to joint legal and physical custody of the child with the child's mother, the family law court's finding that donor is a presumed parent and the custody order are: 1) affirmed as to the parentage finding; and 2) conditionally reversed as to the award of custody where the court's award of joint custody was premature because it had not yet received evidence that Jason completed the requirements the court deemed necessary to rebut the Family Code section 3044 presumption.