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'Equitable Paternity'

By ALM Staff | Law Journal Newsletters |
October 30, 2006

He who acts like a father is a father ' at least legally, even if not biologically. New York's highest court, the Court of Appeals, concluded this in a recent ruling, imposing 'equitable paternity' on a man who wrongly assumed he had fathered a daughter and acted accordingly. The court upheld the trial and appellate courts in ordering a man to pay child support on behalf of a child he did not father. In doing so, it recognized the legislatively endorsed concept of 'equitable paternity,' or paternity by estoppel (see NY Family Court Act ” 18 [a] and 532 [a]). Matter of Shondel J. v. Mark D., 40, July 6, 2006.

The Case

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