Ross v. Ross

In Ross v. Ross, 126 N.J. Super. 394, 314 A.2d 623 (J. & D.R.Ct.1973), a child was born to the wife 18 months prior to her marriage to defendant. Even though both knew defendant was not the biological father of the child, during the course of the marriage defendant filed a certificate of admission of paternity with the Bureau of Vital Statistics, and the school records reflected defendant as the father. Id. at 396, 314 A.2d 623. Because the child, at the time of the hearing, was 7 years old and believed defendant to be his father, and defendant, by his conduct, represented himself to be the father, the court estopped him from denying his paternity because to do otherwise "would do irreparable harm and inflict deep injury upon the child." Id. at 396-97, 314 A.2d 623.