DI Dad Responsible for Child Support Despite Separation Agreements

no. 329

Mark Fass
New York Law Journal
January 24, 2007

Delaware County, NY, Acting Supreme Court Justice Eugene E. Peckham has held that a man who grudgingly agreed to his wife's artificial insemination with a donor's sperm may not deny legal responsibility for the child during the couple's divorce proceedings. [Laura G. v. Peter G., 1070/04.]

"The couple who married in 1995 agreed in 2004 separation agreement that the husband had no financial responsibility for the then unborn child. Shortly before the parties filed for an uncontested divorce, they entered into a stipulation that again stated that Mr. G. would not be financially liable for the child and calculated his child support obligation exclusive of her.

Shortly before the parties filed for an uncontested divorce, they entered into a stipulation that again stated that Mr. G. would not be financially liable for Alyssa and calculated his child support obligation exclusive of her. "

In short the Judge ruled that the husband had agreed to the DI, raised the child, developed a loving relationship to the child, and that to now cut off that relationship would not be in the best interests of the child.

The judge cited the Court of Appeals [NYS's highest court] decision Shondel J. v Mark D., 7 NY3d 320, which held, "Where a child justifiably relies on the representations of a man that he is her father with the result that she will be harmed by the man's denial of paternity, the man may be estopped from asserting that denial." "