Commissioner of Social Services v. Jesse D.

Prior to the instant paternity proceeding, the petitioner, on behalf of the mother, commenced three paternity proceedings against the respondent. None of these prior proceedings was adjudicated on the merits or dismissed with prejudice. After the third paternity proceeding was dismissed, the respondent executed an agreement denying paternity and consenting to the child’s adoption. However, adoption of the child never took place.

The Family Court erred in dismissing the proceeding on the ground that the petitioner was equitably estopped from asserting paternity. The primary purpose of paternity…