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Equitable Paternity

By Marion T.D. Lewis

The 'best interests of the child' has long been the standard used by courts all over the country to make decisions that involve children in family law cases. See, e.g., 'The Best Interest of the Child,' Eleanor Willemson and Michael Willemson, Issues in Ethics, V. 11, N. 1, Winter 2000. Recently, the New York State Court of Appeals equitably estopped a man from denying paternity in order to protect the child's best interests. The man had no biological link to the child, but was deceived by his paramour into thinking that he was the father. Matter of Shondel J. v. Mark D., 06 N.Y. LEXIS 1837. See 'Equitable Paternity,' The Matrimonial Strategist, November 2006 at 1. The impact this ruling could have on same-sex couples and the children of their unions is potentially significant ' not just for couples in New York, but for same-sex couples in all states that value the best interests of the children of those unions.

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