Sunday, December 18, 2005

Case Law Development: Father's Eight Year Delay in Asserting Paternity Creates Estoppel

While estoppel in paternity actions is a fairly common claim, it is usually raised to estop a father's denial of paternity. The Pennsylvania Superior Court has now applied the doctrine of estoppel to prevent a father from asserting his paternity. The court held that a man who waited eight years before seeking to form a paternal relationship has forfeited any right to demand a paternity test or assert parental rights, even though the fact of his biological connection to the child is undisputed.

Buccieri v. Campagna, 2005 PA Super 403, 2005 Pa. Super. LEXIS 4176 (December 7, 2005)

The case is reported by Asher Hawkins of the The Legal Intelligencer The opinion is on the web at http://www.superior.court.state.pa.us/opinions/A35036_05.PDF (last visited December 14, 2005 bgf)

http://lawprofessors.typepad.com/family_law/2005/12/case_law_develo_18.html

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