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Beyond DNA: Equitable Parentage
Recently, there has been a rise in cases brought by fathers who want to maintain relationships with children who are not their biological offspring. For example, in a recent case, a mother was estopped from claiming her child did not belong to the man who had been his putative father, even though DNA tests indicated that he was not the biological father. This article explores the various approaches attorneys can use to help their clients in these circumstances.
A Case for Estoppel
Because the arguments for a man in this situation are entirely equitable, the attorney must develop a case to estop or prevent the mother from denying that the man is the father of her child. In the case mentioned above, heard in Illinois, where the equitable parent doctrine is not recognized, the father had been listed on the birth certificate but the DNA tests had not been performed when he filed his petition for visitation. The court found that a presumption arose from those facts as well as the fact that the mother had allegedly tricked the man into believing he was the child's biological father and had so represented him to the rest of the world. Counsel for the father cited an Illinois case in which a man asked for a mandatory injunction to allow visitation. The mother had lied to the plaintiff, originally telling him he was the father, and a de facto father-daughter relationship ensued for several years. The trial court dismissed his petition, but the appellate court reversed. Koelle v. Zwirin 284 Ill.App.3d 778, 672 N.E.2d 868 (Ill. 1st Dist. 1996).
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