Non-Biological Father Determined to be the Legal Father: A Case of Paternity by Estoppel

In a recent case S.M.C. v. C.A.W., 2019 PA Super 318, the Pennsylvania Superior Court addressed the doctrine of paternity by estoppel. Under this doctrine, a person can be ordered to pay child support for a child that is not his biological child. 

In the case, a man and a woman lived together with the woman’s daughter for approximately 12 years (since the child was a baby). Although he knew he was not the biological father, the man held himself out as the child’s father, supported the child financially and claimed the child as a dependent on many of his tax returns. He began living with child and her mother when the child was approximately 1 year old. According to the opinion: “from April 2003 through January 2015, the woman and the child lived together with the man in the man’s home. The appellant held himself out to be the child’s father and performed parental duties on the child’s behalf, treating the child the same as his own biological daughters.” The man also referred to the child as his daughter when introducing her to others and the child referred to him as her father or her “daddy.”

According to the opinion, the court determined that the child suffered a serious adverse emotional impact when the man broke up with the mother and ceased contact with her. The court also concluded that it was in the child’s best interest to apply the paternity by estoppel doctrine against the man and require the man to pay child support. A temporary child support order was entered. The sole question in the appeal was whether the trial court abused its discretion in concluding that the man owed a duty of support under the paternity by estoppel doctrine. Previous Court opinions have made it clear that the lack of biological relationship does not defeat the application of paternity by estoppel. According to the Supreme Court, the validity of the paternity by estoppel doctrine rests only where it can be shown, on a developed record, that it is in the best interests of the involved child.

Because family law cases are fact sensitive, the application of the doctrine, by reviewing the appellate case law, is complicated. If you have questions regarding this very difficult issue, call Kinchloe Law at 215-301-9783 so that we can assist you in the assessment of your current situation and to discuss your options.