Shan F. v. Francis F.

The illegitimate child’s constitutional right to équal treatment with the legitimate child, — a right *166first recognized by the United States Supreme Court in 19681 —is the underlying issue in this proceeding for the support of two illegitimate children by their father.

Respondent father moves to dismiss their mother’s petition on their behalf for their support on the grounds that section 516 of the Family Court Act, dealing with the support of illegitimate children, provides that the performance of a judicially-approved agreement to support them bars any other remedy2 and that he is performing…