A number of issues and doctrines in the area of family law appear to be debated more than others. One hotly debated doctrine is the paternity by estoppel doctrine related to child support. Under the doctrine, a person can be ordered to pay child support for a child that is not his biological child. Cases involving this doctrine have been heard by trial courts, the Pennsylvania Superior Court and the Pennsylvania Supreme Court. Because family law cases are fact sensitive, the application of the doctrine, by reviewing the appellate case law, is murky.

The most recent case to address the doctrine of paternity by estoppel is the Pennsylvania Superior Court case of SMC v. CAW, __ A.3d __, 2019 Pa. Super. 318 (October 22, 2019). In the SMC case, CAW, an adult male and SMC, an adult female, lived together with SMC’s daughter for approximately 12 years (since the child was a baby). CAW, the appellant, held himself out as the child’s father, supported the child financially and claimed the child as a dependent on many of his tax returns. The appellant and the child began living together when the child was approximately 1 year old. According to the opinion: “from April 2003 through January 2015, the appellee and the child lived together with the appellant in the appellant’s home. The appellant held himself out to be the child’s father and performed parental duties on the child’s behalf, treating the child the same as his own biological daughters.” The appellant also referred to the child as his daughter when introducing her to others and the child referred to him as her father or her “daddy.”

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