Thursday, October 16, 2008

paternity by estoppel

Ellison v. Lopez - Superior Court - October 15, 2008

http://origin-www.courts.state.pa.us/OpPosting/Superior/out/a18031_08.pdf

Defendant estopped from denying paternity of child born out of wedlock where

- there was no fraud or misrepresentation by mother

- defendant was always aware that there was a question about paternity

- defendant held child out as his own and assumed parental role for at least two years, despite paternity questions

- defendant did not ask for paternity testing for two years, despite child's lack of resemblance to him