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Wallis v. Smith

Court of Appeals of New Mexico
22 P.3d 682 (2001)



Peter Wallis (plaintiff) and Kellie Rae Smith (defendant) commenced a sexual relationship that was conditioned on Smith’s use of birth control. Wallis made clear that he did not want children and would not continue relations with Smith if she stopped using birth control. Wallis himself did not take any precautions against Smith’s pregnancy. Without telling Wallis, Smith stopped using birth control. She became pregnant and gave birth to a daughter. Pursuant to its version of the Uniform Parentage Act (UPA), New Mexico provides for mandatory child support. Wallis sued Smith for the economic injury arising from his obligation to support their daughter. His claims included fraud and breach of contract. The trial court dismissed his suit on the grounds that public policy barred recovery. Wallis appealed.

Rule of Law


Holding and Reasoning (Bosson, J.)

Concurrence (Alarid, J.)

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