New York Appellate Division Rules Woman Must Pay Child Support to Same-Sex Partner
August 5, 2010 (New York, NY) -- Proskauer obtained a precedent-setting victory in the New York Supreme Court Appellate Division for the Second Department, which, in a 5-0 decision, held that, through the application of the doctrines of equitable estoppel and implied contract, a woman can be charged with support obligations for a child that she and her former same-sex partner jointly decided to bring into the world. It is the first time in New York that an appellate court has recognized child support obligations between parents of the same sex.
Since 2007, the firm has been engaged in the pro bono representation of a biological mother who is seeking child support from her former same-sex partner. In this same matter, the New York Court of Appeals recently held in May 2010 that Family Court has jurisdiction to determine a woman's parentage for purposes of a child support petition, and not just a man’s. The case was then sent back to the Appellate Division to consider the other legal issue raised on appeal concerning the application of the doctrines of equitable estoppel and implied agreement in this context.
The Appellate Division forcefully held that, where the same-sex partner of a child’s biological mother consciously chooses, together with the biological mother, to bring a child into the world and the child is conceived in reliance upon the partner’s implied promise to support the child, the partner can be held liable for child support.
The winning team consisted of Peter Sherwin, Nicole Haff and Jessica Kastner.
The complete decision can be read here: http://www.courtalert.com/AD2PDF/D28260.pdf.