Dads Robert Mandelbaum and Jonathan O'Donnell A gay New York man is fighting a stipulation in his late father’s will that will prevent his own son inheriting any money unless he marries the toddler’s surrogate mother. Robert Mandelbaum, who is a Manhattan Criminal Court judge, says in court documents that his father, Frank Mandelbaum, knew he was gay and included his male partner in family activities, ABC reports. The elder Mandelbaum, who made his fortune with an ID-verification company, died in 2007 at the age of 73 before grandson Cooper, who is now 16 months, was born. Cooper’s dads Robert Mandelbaum and Jonathan O'Donnell married shortly after his birth via surrogate in 2011. The late businessman's will left behind a US$180,000 trust for his grandchildren, including those who would be born after his death, but Cooper will not be eligible for his inheritance because he has two dads. "However, such words shall specifically not include an adopted child of Robert, if adopted while Robert is a single person, or a biological child of Robert, if Robert shall not be married to the child's mother within six months of the child's birth," the will states. Robert Mandelbaum is challenging the will on the basis that it would require him to enter into a "sham marriage" which would violate New York marriage-equality law. A settlement has not yet been approved by the Manhattan Surrogate's Court.
Credit: GayNZ.com Daily News staff
First published: Wednesday, 22nd August 2012 - 1:34pm