Thomas S. v. Robin Y.

Rosenberger, J. P., and Ellerin, J., dissent in a memorandum by Ellerin, J.

The question before us on this appeal is whether petitioner must be granted an order of filiation, pursuant to Family Court Act § 542, establishing his paternity of the child borne by respondent in November, 1981 as a result of having been artificially inseminated with petitioner’s sperm or whether the doctrine of equitable estoppel may be applied to preclude the issuance of such order. The complexity of the human relationships that permeate this case and the contemporary reality of millions of households that maintain…