These days, it’s not uncommon for couples to have children out of wedlock. In some instances, the father is left with the questions of whether the resulting child is, in fact, his. This question can raise not only emotional questions for a father, but legal ones as well, ranging from: “Do I want a relationship with this child?” to “Am I responsible for supporting this child?”

When addressed in court, these issues have repeatedly imposed the doctrine of equitable estoppel to protect the interests of a child that is in an “already recognized and operative parent-child relationship.” The key issue for the court lies in the best interest of the child.

What is “equitable estoppel” and how does it require a non-biological father to support a child that is not his? “Equitable estoppel” is a legal doctrine that prevents a party from taking advantage of another party by influencing them to act in a certain way which results in their injury. In other words, barring a could-be-father from claiming a child as his own, creating a parent-child relationship, and then ending that relationship upon discovery that he is not the biological father.

The courts are trying to protect the best interests of the child, regardless of whether a man assumes the role of fatherhood based solely upon the misinterpretations of the mother. According to the Court of Appeals, a man who is unaware that his basis for declaration of fatherhood was false is nonetheless estopped, or barred, from attempting to withdraw that declaration when the child in question justifiably relied on his actions to their detriment.

The Court of Appeals in the Matter of Shondel J. v. Mark D., further emphasized the doctrine of equitable estoppel. In the case, Shondel J. and Mark D. dated and had sexual intercourse. The following winter Shondel J. gave birth to a daughter in Guyana, where she then resided, and named Mark D. as the father.

Mark D. provided financial support for the child from her birth until June 1999 and then less regularly through the summer of 2000. Mark D. also signed a sworn statement, notarized by the Guyana Consul-General in New York, declaring that “he was ‘convinced’ that he was the child’s father and accepted ‘all paternal responsibilities including child support.’” Mark D. further declared his status by authorizing the change of her last name to his and naming his daughter as the primary beneficiary on his life insurance policy.

In August 2000, Shondel J. commenced a Family Court proceeding, alleging that Mark D. was the father and sought orders of filiation and support which Mark D. did not initially contest. Instead, in September 2000, Mark D. commenced his own Family Court proceeding seeking visitation. However, when appearing before the Family Court hearing examiner Mark D. requested DNA testing. The hearing examiner ordered a genetic marker test, which revealed that Mark D. was not the child’s biological father.

The Family Court held and the Appellate Division affirmed that Mark D. held himself out as the child’s father and behaved as if he was the father, even though he did not reside for a good part of the child’s life in the same country. The Appellate Division further held that “it was in the best interests of the subject child to equitably estop [Mark] from denying paternity.”

In affirming the decisions of the lower courts, the Court of Appeals held that where a man harbors any doubts about his biological paternity of a child, he can either put aside his doubts and initiate a parental relationship with the child or insist on a paternity test before initiating a parental relationship. The courts are clear that under the first scenario the man risks a possible result of paternity by estoppel and could be required to support a child that is not his, or under the second scenario risk damaging the relationship with the woman.

 

 

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