Husband has duties and responsibilities of father when he consents to his wife having intercourse and becoming pregnant by another man on contract theory and by promissory estoppel.
Equitable estoppel is available as a defense to the mother’s institution of paternity proceedings where her husband acquired rights under an “equitable parent” theory. A trial court cannot dismiss a paternity action without the consent of all parties.
A man who held himself out as child’s father may be equitably estopped from denying paternity.
Mother is equitably estopped from contesting child’s paternity where mother actively fostered child’s relationship with husband.
(1) Biological father does not have a constitutionally protected interest because of failure to establish a substantial relationship with the child (2) §767.463 cannot be used once genetic tests have been done (3) Equitable parenting doctrine cannot be used in paternity determinations and (4) Mother and biological father are equitably estopped from asserting the genetic tests results to rebut the martial presumption.