Credit:Monkey Business Images/Shutterstock.com.. That's Not My Truck, That's Not My Parent: The Child's View and Voice in a Parentage Proceeding
This article will explore the role, if any, the subject child's views and voice play in a parentage proceeding where the putative parent's claim is either based in equitable estoppel or application of the test set forth by the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C.
July 17, 2023 at 09:38 AM
8 minute read
Legal Services
There are currently six pathways for an individual to establish legal parentage to a child in New York: biology; adoption; judicial estoppel; equitable estoppel; the existence of a preconception agreement to conceive and raise a child together; and, application of the presumption of legitimacy for a child born during a marriage. See Brooke S.B. v. Elizabeth A.C.C., 28 N.Y.3d 1 (2016); Christopher YY. v. Jessica ZZ., 159 A.D.3d 18, 25-34 (3d Dep't 2018). Each path to parentage examines a different set of factors to determine if an individual shall be adjudged a parent to the subject child. This article will explore the role, if any, the subject child's views and voice play in a parentage proceeding where the putative parent's claim is either based in equitable estoppel or application of the test set forth by the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C.
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