McBride v. Boughton

Opinion

RUVOLO, J.

This case calls upon us to decide, as a matter of first impression in this state, whether an unmarried man who has expended funds to support a child, in reliance on the mother’s representation that he is the child’s father, may sue the mother on an unjust enrichment theory for the return of the funds after discovering that the child is not his biological offspring. As a matter of public policy, we conclude that such a suit cannot be maintained. Accordingly, we affirm the trial court’s judgment dismissing this case after sustaining the defendants’ demurrer.

I

Facts and…