S.R.D. v. T.L.B.

I respectfully dissent.

With our holding in this case, it is now the law in Kentucky that a married woman who has given birth to a child conceived in an extramarital affair need only show a possibility of emotional harm to the child in order to legally estop her husband from denying paternity even though DNA evidence proves conclusively that he cannot be the child’s father. This places Kentucky at the extreme margin of the minority of states which have approved the doctrine of “paternity by estoppel.” We have established this rule in this case even though the potential harm — that the child…