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Same Sex Partners and Child Support
The Matter of H.M. v E.T., is a child support proceeding that was commenced in Rockland County Family Court, back in 2007. Last month this case made headlines. H.M. and E.T. were a lesbian couple (now separated) who conceived a child through artificial insemination. That however, is not the story. The story is that for the first time in New York State, an appellate court ruled that the non-biological parent (who incidentally has no right of custody or visitation) could be made to pay child support.
The foundation for this ruling is based on the two theories. First, the non-biological parent may be "equitably estopped" from avoiding her support obligation on the basis of having established a relationship with the child in question. Second, that H.M. and E.T. may have entered into an implied contract to produce and care for the child in question. The precedents for the application of these legal principles are previous rulings whereby men who were not biological fathers were nonetheless held responsible for paying child support. The rational articulated by the court being that the best interests of the child trump the interests of the non-biological parent.
It is yet to be determined whether a final order of support will be entered in this matter. While the appellate court ruled that sufficient allegations have been raised such that an order could be entered, the allegations will still need to be proven in a hearing before the Family Court.
THE INFORMATION CONTAINED HEREIN IS NOT LEGAL ADVICE. It is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Reading this article does not create an attorney-client relationship or otherwise require further consultation. Attorney Advertising.
Same Sex Partners and Child Support
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