Thomas S. v. Robin Y.

In 1981, Robin Y. (defendant) conceived a child through artificial insemination with semen donated by Thomas S. (plaintiff). Robin and Sandra R., her lifelong partner, paid for all the expenses related to the pregnancy and delivery. Robin, Sandra, and the child—Ry R.-Y.—lived in San Francisco for the first eight months of Ry’s life. Thomas also lived in San Francisco during this time. Thomas saw Ry only once or twice for the first three years of Ry’s life while on business trips. Pursuant to an oral agreement with Robin and Sandra, Thomas did not call, send support, or give gifts to Ry. When Ry was three years old, Robin and Sandra informed Ry and Cade—their other daughter, conceived via a different sperm donor—of their biological fathers’ identities. Over the next six years, Thomas spent time with the family on several occasions ranging from a few days to two weeks. In July 1990, Thomas asked Robin for permission to take Ry and Cade to meet his parents. Robin and Sandra did not want their daughters to go without them, but Thomas did not feel comfortable introducing the mothers to his parents. Thomas revealed his desire to establish a paternal relationship with Ry. Robin and Sandra considered this a violation of their oral agreement and insisted visitation continue in the family setting. Thomas moved the family court, by an order to show cause, for an order of filiation and for visitation under Family Court Act § 542, which provided that a male parent who was determined to be a child’s biological father was entitled to an order of filiation declaring paternity. The court found clear and convincing evidence that Thomas was the biological father but refused to enter an order of filiation and dismissed the proceeding, citing the doctrine of equitable estoppel. Thomas appealed.