Matter of Karin T. v. Michael T

In Matter of Karin T. v. Michael T., 127 Misc. 2d 14 (Fam. Ct. Monroe County 1985), the Family Court found that a same-sex and nonbiological parent who actively raised the children of her wife for six years could not disclaim responsibility for the support of the children by reason of "lack of parenthood." The Supreme Court has the jurisdiction to determine the rights and obligations of parents pursuant to principles of equity. The case involved a respondent who was a female who adopted a masculine identity, married the petitioner after the two obtained a marriage certificate and thereafter participated in artificial insemination procedures which impregnated the petitioner who bore two children of the relationship. The court cited the definition of the term parent as "one who ... brings forth offspring." (Black's Law Dictionary 1003 [5th ed 1979].) The court held under the theories of contract and equitable estoppel that the artificial insemination agreement prevented the respondent from raising her nonbiological status to the children as a defense to her obligation to pay support as a parent. The respondent was found to be responsible for support since to hold otherwise would allow her to abrogate her responsibility and benefit from her own fraudulent acts which brought forth the birth of the children.