McGee v. Gonyo
Vermont Supreme Court
140 A.3d 162 (2016)
Debra McGee (plaintiff) and Justin Gonyo (defendant) signed a Voluntary Acknowledgement of Parentage (VAP) stating they were the child's biological parents, even though both knew Gonyo was not the biological father. When the Office of Child Support later moved for child support and genetic testing despite the VAP, Gonyo opposed the motion and sought to establish his own parentage. The family court found Gonyo lacked standing to bring a parentage claim because he was not the biological father, and separately set aside the VAP itself as a fraud on the court; Gonyo appealed.
Whether, if parties fraudulently collude to establish parentage, the legal determination of paternity can be set aside as a fraud on the court.