Matter of Christopher YY. v. Jessica ZZ.
2018 NY Slip Op 495 (2018)
Rule of Law:
The presumption of legitimacy applies to children born to same-sex married couples to the same extent as opposite-sex couples, and the doctrine of equitable estoppel may preclude a known sperm donor from asserting paternity when he previously waived parental rights and acquiesced to the establishment of a parent-child bond between the mothers.
Facts:
- Christopher YY. (Petitioner) volunteered to donate sperm to Jessica ZZ. (Mother) and Nichole ZZ. (Wife) so they could have a child together.
- Prior to insemination, the parties signed a written agreement wherein Christopher waived all paternity and custody rights, and the respondents waived any right to child support.
- Christopher provided sperm, and Nichole performed the insemination on Jessica in their home.
- Jessica and Nichole were married prior to the child's birth in August 2014.
- The child was given Nichole's surname, and the respondents lived together raising the child as a family unit.
- Christopher had no contact with the child for the first one to two months of her life and provided no financial support aside from minor gifts.
- The written agreement regarding the sperm donation was subsequently destroyed by Christopher's partner.
Procedural Posture:
- Petitioner (Christopher) filed a paternity petition and a custody petition in the Family Court of Chemung County.
- Respondent (Jessica) moved to dismiss the petition based on the presumption of legitimacy and equitable estoppel.
- The Family Court held an evidentiary hearing on the paternity petition.
- The Family Court denied the respondents' motion to dismiss and ordered genetic marker testing.
- Respondent (Jessica) appealed the Family Court's order to the Appellate Division, Third Department.
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Issue:
Does the presumption of legitimacy apply to a child born to a married same-sex couple, and does the doctrine of equitable estoppel preclude a known sperm donor from compelling a paternity test?
Opinions:
Majority - Justice Mulvey
Yes, the presumption of legitimacy extends to same-sex marriages, and equitable estoppel bars the petitioner's claim. The Court reasoned that under the Marriage Equality Act, same-sex couples are entitled to the same legal status and protections as opposite-sex couples, including the presumption that a child born to a marriage is the legitimate child of both spouses. Although this presumption is usually rebuttable by biology, strictly applying biological impossibility to same-sex couples would strip them of rights guaranteed by the Marriage Equality Act. Furthermore, the doctrine of equitable estoppel applies because Christopher induced the mothers to believe he would not assert parental rights, allowing them to form a family unit in reliance on that representation. Since the child has an established, functioning relationship with two mothers, ordering a paternity test solely to introduce a third parent would disrupt the family stability and is not in the best interests of the child.
Analysis:
This decision is a significant step in New York family law as it explicitly applies the common law presumption of legitimacy to same-sex marriages following the passage of the Marriage Equality Act. It clarifies that biology is not the sole determinant of parentage, especially when a sperm donor has explicitly waived rights and a family unit has been established. The court prioritized the stability of the child's existing two-parent family over the biological connection of the donor, reinforcing the use of equitable estoppel as a tool to protect non-biological parents in same-sex relationships and prevent donors from disrupting established families.
