with whom Chief Justice WEISBERGER joins, concurring and dissenting.
In this proceeding, three questions of law deemed by the Chief Judge of the Family Court to be of such doubt and importance as to affect the merits of a pending complaint in that Court have been certified to this Court pursuant to G.L. 1956 § 9-24-27. The plaintiff in that pending complaint is Maureen V. Rubano (Rubano), and the defendant therein is her former same-sex, live-in partner, Concetta A DiCenzo (DiCenzo). In her complaint Rubano seeks to establish a de facto maternal relationship status with the biological and minor child of DiCenzo. I concur in part, and dissent in part with the responses to the three certified questions advanced by the majority. My dissent centers upon statutory and factual considerations presented by the record.
The majority opinion in this case will be noted not for what it says, but instead for what it does. In responding to the certified questions, the majority has:
1. modified and changed the universal and ages old definition of “paternity.” That word now, according to the majority, merely implies the state of being a father;15
2. judicially legislated an amendment to G.L.1956 § 8-10-3 by expanding the Family Court’s jurisdiction to include *978jurisdiction over matters not incidental to “petitions for divorce, bed and board and separate maintenance,” as expressly-required by that statute;
3. recognizes the right of unmarried same-sex partners to confer jurisdiction by estoppel on the Family Court to entertain miscellaneous petitions to adjudicate private agreements and/or disagreements between the unmarried persons;
4. construes and interprets the words mother and father in the Uniform Law on Paternity to be interchangeable, thus recognizing for the first time in this jurisdiction or in any other jurisdiction that a man can become pregnant after intercourse with a woman and then require the woman to pay for his hospital and delivery expenses;
5. recognizes private child visitation agreements between a biological parent and a third party same-sex partner to be assignable by that third party to other parties and, if not assigned, to be binding upon and inure to the third party’s heirs and successors; and,
6. permits and recognizes that a minor child whose biological mother engages in same-sex unions may legally have as many mothers as the biological mother chooses to cohabitate with.
Facts
In this proceeding, the plaintiff is Maureen V. Rubano (Rubano), a fifty-three-year-old resident and domiciliary of Massachusetts. She is an assistant professor of clinical psychiatry at the University of Massachusetts, as well as a director of psychological services and training at Westborough State Hospital in Massachusetts. Additionally, as a neuropsychologist, she treats patients for psychiatric problems at both institutions. The defendant in this proceeding is Concetta A. DiCenzo (DiCenzo), a Rhode Island resident.
Rubano and DiCenzo, both who resided in Massachusetts, decided in 1988 to become live-in partners, and took up residency together in Millville, Massachusetts. Three years later, as noted in the majority’s opinion, DiCenzo, by means of artificial insemination by an anonymous donor, became pregnant, and on December 15, 1991, she gave birth to a boy. The child’s birth certificate names DiCenzo as the mother. Understandably, the father is not identified.16
In 1993, Rubano hired Massachusetts counsel to draft a “parenting agreement” between her and DiCenzo with the intention of memorializing her rights relating to the young baby. DiCenzo, however, refused to execute the parenting agreement, which would have granted Rubano parental recognition or rights. DiCenzo additionally refused Rubano’s later request to adopt her son.
Shortly thereafter, the live-in relationship cooled, and by early 1996, it had fizzled and frozen. DiCenzo left Rubano, left Massachusetts, and came with her then four-year-old son to live in Rhode Island. Subsequently, Rubano would come to Rhode Island to visit with DiCen-zo’s child. However, in February 1997, DiCenzo, believing that the visits were adversely affecting her son, told Rubano that she could no longer visit with him. One month later, Rubano came to Rhode Island and filed a miscellaneous petition in the Family Court. In that petition, Rubano sought to acquire a de facto parental relationship determination and status, and, as well, visitation rights with DiCenzo’s minor child.
On May 19, 1997, the parties prepared and entered into a consent order that granted Rubano visitation rights with the child. The order specifically stated that “the parties entering into this Agreement do so out of concern for the emotional well-*979being of [the child] if exposed to trial.” Subsequently, however, DiCenzo, believing that the visitations by Rubano were becoming disruptive and confusing for her son, found it necessary to place him in counseling. Later, on the advice and recommendation of the child’s counselor, DiCenzo informed Rubano that no further visitations would be permitted and that suspension of visitation was in the child’s best interest.17
Question I
“Does a child, biological mother, and same sex partner, who have been involved in a committed relationship constitute a ‘family relationship’ within the meaning of G.L. § 8-10-8, such that the Family Court has jurisdiction to entertain a miscellaneous petition for visitation by the former same sex partner when the same sex partner is no longer engaged in the committed relationship?”
I concur with and join with my colleagues who opine in their response to certified question No. I that § 8-10-8 does not confer jurisdiction upon the Family Court over all equitable claims arising out of a family relationship, and confers jurisdiction only over those claims that are ancillary to, or incidental to, petitions for divorce or separate maintenance that are filed in that court. Because no such required petition ever has been filed in this proceeding, I agree with my colleagues that we need not undertake to determine whether the past interactions between the parties and the minor child suffice to constitute a “family relationship” within the meaning of § 8-10-3. I also concur in the majority’s opinion that the General Assembly did not intend to vest equity jurisdiction in the Family Court over the manner of relationship concerned in this proceeding when it enacted § 8-10-3.
Question II
“If the answer to the above question is in the negative, does such a conclusion violate Article 1, section 5 of the Rhode Island Constitution?”
(a)
The Legal Considerations
With respect to certified question No. II, I part company with the response given to this question by my colleagues. They conclude that despite the absence of any filing of a petition for divorce or for separate maintenance by Rubano, nonetheless, the Family Court has been vested with jurisdiction by virtue of G.L.1956 § 15-8-26 of the Uniform Law on Paternity Act (ULP) to determine the existence or nonexistence of the alleged mother and child relationship between Rubano and DiCen-zo’s biological child. I read and construe our Act quite differently than do my colleagues.
The very first section in the ULP discloses what I believe to have been the General Assembly’s clear intention for its enactment in 1979.18 That intention was to establish and identify the father of a child born in or out of wedlock, including “a child born to a married woman by a man other than her lawful husband,” § 15-8-1 (emphasis added), in order to impose upon him the financial obligations of the mother’s pregnancy and confinement. In addition, the father would bear responsibility for the education, necessary support and maintenance, medical and funeral expenses of the child, as well as for any counsel fees *980incurred as a result of the paternity proceedings. See id.
Section 15-8-2 of the Act specifically prescribes those persons or parties who are permitted to commence an action thereunder seeking to determine either the identity of a father and to impose upon that father his financial obligations to his child, or to enforce payment of those obligations against a known father. Those specific and prescribed persons are “the father, mother, the child, or the public authority chargeable by law with the support of the child.” Section 15-8-2. Ruba-no clearly is not one of those permitted to proceed under the Act.
This Court in Waldeck v. Piner, 488 A.2d 1218 (R.I.1985) had occasion to review and pronounce the “unequivocal aim” of the General Assembly for enacting our ULP. We said that its purpose and aim was:
“to ensure that fathers support their children born out of wedlock. Section 15-8-2 enables the mother, child, or appropriate public agency to bring a complaint to establish paternity, and upon such determination a specified support obligation can attach. The unequivocal aim of this statutory scheme is to provide a mechanism to enforce child support-responsibilities. This act must be distinguished from such legislation as the Uniform Parentage Act, adopted in other jurisdictions, that focuses upon paternity rather than support and establishes parental rights upon a finding of paternity. *** [T]he purpose of the Uniform Paternity Act is child support ***.” Waldeck, 488 A.2d at 1220-21.19
Accordingly, I respectfully suggest that the majority’s conclusion that jurisdiction exists in the Family Court to adjudicate Rubano’s novel complaint filed pursuant to § 15-8-26 of the ULP, misinterprets both the nature of her complaint and the nature of the ULP.20 First, it completely ignores the specific statutory mandate contained in § 15-8-2, which designates only those persons or agencies that can qualify as an interested party permitted to file and bring a paternity action in this state. Second, it misinterprets completely the intended purpose of the wording contained in the last sentence of § 15-8-26, which provides that the provisions of the ULP pertinent to the father and child relationship are applicable to an action commenced by “[a]ny interested party *** to determine the existence or nonexistence of a mother and child relationship.”
The particular wording of § 15-8-26 was obviously enacted to provide for those infrequent occasions when, for example, a young child who may be living with a single father, or in a foster home, may have need, or want, to have his or her maternal relationship determined. Section 15-8-26 permits an interested party to bring such an action for and on behalf of that child. Such an action would be foreseeable when, for example, the determination of a child-mother relationship would be necessary to entitle the child to inherit from his or her mother in those cases where the child never knew or lived with the mother. Another example would be where a child might seek to obtain standing to commence a wrongful death action as a lawful heir of a mother who has died as a result of an accident. In addition, there very well could be other occasions when a child, who despite never having known his or her biological mother, might *981wish to determine the existence of that maternal relationship. Those referenced situations are examples of what I conclude was both the reason and the purpose intended for the inclusion of the mother-child relationship language contained in § 15-8-26, and not, the tortured contention proposed by the majority, that permits anyone to intrude upon an already established biological mother and child relationship.21
The majority, it appears, has seen fit to mix together portions from the broad statutory language found in § 8-10-3(a) dealing with the Family Court’s general jurisdiction over “matters relating to adults who shall be involved with paternity of children born out of wedlock[,]” with the general statutory wording found in § 15-8-26 of the ULP, providing that “[a]ny interested party may bring an action to determine the existence or nonexistence of a mother and child relationship” to justify their conclusion that the Family Court possesses jurisdiction over Rubano’s complaint for visitation rights. I view that as a strange mix.
The majority seeks to justify its ULP Family Court jurisdiction position by simply declaring that “we have determined that a statutory basis does exist for Ruba-no’s visitation claim under the ULP and that no othér statute bars her from seeking such rights.” That contention overlooks and completely ignores § 15-8-2 in the ULP That section permits complaints pursuant to the ULP to be brought in the Family Court only by “the father, mother, the child, or the public authority chargeable by law with the support of the child.” No matter how7 hard the majority tries, it can never squeeze Rubano to fit into any one of those permitted complaint categories mandated by the ULP.
As I read the ULP, and in particular the very first section of that Act, § 15-8-1, entitled “Obligations of the father,” in conjunction with § 15-8-2, providing for who may commence a proceeding under the Act, and with § 15-8-7, setting out the particular relief that is available to that person or public agency, all roads from § 15-8-1 lead directly to the “father” of any child born in, or out of wedlock, including “a child born to a married woman by a man other than her lawful husband.” Section 15-8-1. By no stretch of the imagination, judicial or otherwise, can I perceive of Rubano as being one of those persons or public agencies within the purview of the Act that has requisite standing to commence an action in the Family Court to determine the existence of an alleged mother and child relationship between her and the biological minor child of DiCenzo.
All of the provisions in the Act applicable to “the father and child relationship” concern only natural (or biological) fathers, and fathers “presumed to be the natural [or biological] father of a child[.]” See § 15-8-3. Assuming that it is “practicable” 22 to apply the “presumption of paternity” criteria contained in § 15-8-3 for purposes of determining the existence of a mother and child relationship, there still remains the fact that, as my colleagues aptly point out, the Legislature specifically “exclude[d] nonbiological parents from its provisions” by restricting its applicability *982to presumed “natural [mothers].” Consequently, their assertion that the Legislature did not use appropriate limiting language to exclude nonbiological parents from the provisions of § 15-8-26 is unavailing.
The majority, it appears, somehow seems to interpret the wording “any interested party may bring an action to determine the existence” of a mother and child relationship as permitting the Family Court to exercise jurisdiction over Ruba-no’s unique and novel complaint seeking visitation rights with DiCenzo’s minor child. See § 15-8-26. While this Court has never had occasion to interpret that particular wording, identical wording is found in the California Uniform Act and has been interpreted by the California Appellate Court.
In West v. Superior Court (Lockrem), 59 Cal.App.4th 302, 69 Cal.Rptr.2d 160, 162 (1997), the California Appellate Court construed the identical language as meaning and permitting only a “biological mother,” and not a former lesbian partner, to bring an action to determine the existence of a mother and child relationship. That interpretation, it appears to me, totally comports with the purpose intended by our General Assembly when enacting our ULP, and with this Court’s previous holding in Waldeck,23
I also find nothing in Pettinato v. Pettinato, 582 A.2d 909 (R.I.1990), that serves to assist the majority’s attempt somehow to draw from that case relevant support for their Family Court jurisdiction response to certified question II. Unlike the particular fact situation present in this proceeding, the Family Court’s jurisdiction in Pettinato was, in the first instance, based upon and established by virtue of Mr. Pettinato’s filing a petition for absolute divorce from Mrs. Pettinato. See id. at 910. The equitable estoppel doctrine employed by this Court in Pettinato was invoked against Mrs. Pettinato only to prevent her from attempting to assert her right to employ results of genetic blood testing, permitted by § 15-8-11 of the ULP, to illegitimize a child that had been presumed to be the child of Gregory Petti-nato pursuant to G.L.1956 § 15-8-3. This section presumed a man to be the natural father of a child if, after the child’s birth, he and the child’s natural mother have married, and, with his consent, he is named as the child’s father on the child’s birth certificate. It was undisputed that Gregory Pettinato had met all of the requirements to trigger the presumption of paternity. The genetic testing evidence would have been in derogation of this presumption which was designed primarily to protect the legitimacy of the child. The presumption of legitimacy is “one of the strongest and most persuasive known to the law.” In re Findlay, 253 N.Y. 1, 170 N.E. 471, 472 (1930); see also Miscovich v. Miscovich, 455 Pa.Super. 437, 688 A.2d 726, 729 (1997). In Michael H. v. Gerald D., 491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1989), the United States Supreme Court noted that the primary rationale underlying the legitimacy presumption has been “an aversion to declaring children illegitimate *** thereby depriving them of rights of inheritance and succession *** and likely making them wards of the state.” Id. at 125, 109 S.Ct. at 2343, *983105 L.Ed.2d at 107. A secondary rationale, the Court noted, was “the interest in promoting the ‘peace and tranquillity of States and families.’ ” Id. In Miscovich, it was noted that “[t]he presumption that a child born during a marriage is a child of the marriage ‘arose from the reluctance of the law to declare a child “illegitimate,” because the status “illegitimate” historically subjected a child to significant legal and social discrimination.’ ” Miscovich, 688 A.2d at 728. For example, illegitimate children were precluded from, among other things, entering certain professions, and were considered non-persons and not entitled to support from the father or inheritance from either parent. See id. at 728 n. 2.
The law still retains “a strong bias against ruling the children of married women illegitimate.” Michael H., 491 U.S. at 125, 109 S.Ct. at 2343, 105 L.Ed.2d at 107. In Michael H., the plaintiff sought to establish paternity to a child that was born of a woman who was married to another man. Despite the fact that blood tests indicated a 98.07 percent probability that Michael was the father, and the fact that Michael had established a parental relationship with the child, the Court recognized the woman’s husband as the presumptive father of the child. “[E]ven in modern times — when *** the rigid protection of the marital family has in other respects been relaxed — the ability of a person in Michael’s position to claim paternity has not been generally acknowledged.” Id. The Court held that to establish paternity, Michael “must establish *** not that our society has traditionally allowed a natural father in his circumstances to establish paternity, but that it has traditionally accorded such a father parental rights, or at least has not traditionally denied them.” Id. at 126, 109 S.Ct. at 2344, 105 L.Ed.2d at 108. The Court held that no case had yet done so. See id.
The Pettinato court’s use of equitable estoppel as a shield to prevent Mrs. Petti-nato from attacking the presumption of paternity created by § 15-8-3 was for a totally different purpose than that for which the majority now attempts to employ equitable estoppel against DiCenzo, namely, to create jurisdiction in the Family Court over Rubano’s complaint seeking visitation rights to a minor child against the wishes of DiCenzo, the child’s biological mother. Consequently, Pettinato provides utterly no support for the majority’s assertion that the Family Court has jurisdiction to entertain a petition for visitation by Rubano.
I submit that the majority’s response to certified question No. II fails to recognize that the statutory restrictions placed upon the Family Court’s special and limited jurisdiction cannot be avoided by estoppel. Additionally, the true purpose for application of principles of estoppel, including equitable estoppel, “ ‘is to prevent the assertion of what would otherwise be an unequivocal right *** [and] operates always as a shield, never as a sword *** [A]nd it does not of itself create new rights,’ ” including the creation of rights to custody or visitation. In re Z.J.H., 162 Wis.2d 1002, 471 N.W.2d 202, 212 (1991) (quoting Utschig v. McClone, 16 Wis.2d 506, 114 N.W.2d 854, (1962)). See also 28 Am. Jur.2d Estoppel and Waiver, § 31 (2000). In responding to certified question No. II, I believe that the majority is attempting to employ its equitable estoppel theory, not as a shield as in Pettinato, but instead to create a sword for Rubano to enable her to cut through § 8-10-3 and § 15-8-2, and slash her way through the jurisdictional doors of the Family Court. Equitable estoppel had not been employed for that purpose by the Court in Pettinato, nor has it been so employed by any other court as revealed by my research on that subject matter .24
*984The majority points out that in 1995 the Wisconsin Supreme Court overruled In re Z.J.H., (see In re H.S.H.-K, 193 Wis.2d 649, 533 N.W.2d 419 (1995)), and then concluded that public policy considerations do not prohibit a court from relying on its equitable powers to grant visitation on the basis of a co-parenting agreement. I would remind the majority that the latter case did not vitiate the persuasive admonition of the court in In re Z.J.H., when it observed that the legal effects and consequences of statutory limitations cannot be avoided by estoppel. In short, it is almost self evident that a court’s jurisdiction cannot be expanded or diminished by an es-toppel relating to one of the litigants. Moreover, I would further remind the majority that the Wisconsin Supreme Court in In re H.S.H.-K, was commenting upon the equitable powers of the circuit court of Wisconsin, which is a trial court of general jurisdiction. Here, the dissenters clearly acknowledge the jurisdiction of the Superi- or Court to consider the enforcement of an agreement made between the parties.
(b)
The Factual Considerations
In addition to the foregoing legal and statutory considerations, there also are additional factual matters present in this case that dictate my position concerning the absence of Family Court jurisdiction over Rubano’s complaint under the ULP. The first factual issue is the so-called consent order that the majority erroneously refers to as having been entered by a Family Court judge following a “determination made by the justice that Rubano’s visitation rights” with DiCenzo’s biological child were “in the best interests of the minor child.” No such determination ever was made by the trial judge; instead, that determination had been made by the parties themselves in paragraph 10 of the private agreement between Rubano and DiCenzo.
Although the Family Court Chief Judge did permit entry of the consent order embodying the private agreement between Rubano and DiCenzo, a reading of the transcript of the December 2, 1997, contempt motion hearing reveals both the true genesis of the “best interests of the minor child” language referred to by the majority, as well as the total absence of any input, participation, or findings concerning the consent order by Family Court Chief Judge. Indeed, the Family Court Chief Judge actually disclaimed the consent order in question. He said “it wasn’t the Court that entered the Order.” Rather, he said it was “a consent order entered by the parties on the 19th day of May 1997.” He also said he never participated in the discussion between the parties about their scheduling visitation rights, and further noted that the visitation scheduling was “strictly done by the parties without the assistance of the Court.” The so-called consent order in question certainly does not constitute “[a]n agreement of settlement with the alleged father” of the child involved in this unfortunate tug-of-war between Rubano and DiCenzo so as to comply with § 15-8-21 in the ULP, and despite the attempt by the majority to ignore reality, the so-called consent order was simply entered, but never “approved” by the Family Court as required by § 15-8-21.
My colleagues, I believe, are mistaken in writing that the Family Court Chief Judge reviewed and approved the terms of the consent order, and determined that such visitation rights “were in the best interest of the minor child.” The text of the transcript concerning the Family Court Chief Judge’s statement is appropriately noted.
“THE COURT: *** Now, we have Plaintiffs supplemental motion to adjudge the Defendant in contempt down today as well as objection filed by [defense counsel]. The Court must first indicate to the parties this matter was done by a consent order entered by the *985parties on the 19th day of May 1997. It wasn’t the Court that entered the order. It was the parties that came before the Court, and again the Court requested that the matter be certified by the Supreme Court. The parties took the approach they didn’t want it certified. They went out and worked out a [visitation] schedule. I don’t believe, and [plaintiffs counsel], you can correct me if I am wrong, I don’t believe I participated in the discussion as far as visitation.
MS. DICRISTOFARO: No, Your Honor. I believe we informed you of our discussion.
THE COURT: You came back to me and said you worked it out. I don’t think I set any time of day.
MS. DICRISTOFARO: Absolutely not, Your Honor.
THE COURT: It was strictly done by the parties without assistance of the Court, although the Court asked for a question to be certified, and the parties decided not to do it.”
Thus, it appears from my reading of the transcript of the contempt proceedings that the Family Court Chief Judge simply entered the consent order prepared by the parties, at most, after only a cursory and exiguous reading of its contents. I also am hard-pressed to believe that had he carefully read the proposed consent order, he would have approved of its paragraph 8, wherein the visitation rights given to Rubano appear to be not only assignable, but also inure to her heirs and successors. I would additionally point out that although the majority believes that Rubano has requisite standing to have her claim adjudicated in the Family Court, Paragraph 9 in both her private agreement with DiCenzo and in the consent order specifically negate any such right that she now might claim to any parental relationship with the minor and biological child of DiCenzo.
Paragraph 9 in both documents provides that Rubano “now and forever, waives any claim or cause of action she has or may have to recognition as a parent of the minor child.” That express waiver, I believe, although premised upon her having rights of visitation with the child, eliminates any present right that she might now claim to a parental relationship with the child under the ULP. In any event, whether the Chief Judge of the Family Court entered the consent order after a cursory or comprehensive reading could have no effect whatever upon the jurisdiction of the Family Court. No doctrine is more well established than that which unequivocally states that the parties may not confer jurisdiction upon a court by agreement. See Paolino v. Paolino, 420 A.2d 880, 833 (R.I.1980).
Although I disagree with the majority, who believe that Rubano has requisite standing to have her claim adjudicated in the Family Court, I do agree that she retains her right to proceed directly against DiCenzo in a civil action to enforce her private agreement with DiCenzo. The validity of that agreement, while questionable, has not yet been officially challenged and remains a justiciable issue until determined otherwise.
Considering all the above, I would thus respond to the entirety of certified question No. II in the negative. That response, I suggest, would not in any manner intrude upon, or deprive Rubano of her right to litigate any claim that she may believe she has arising from the agreement that she entered into with DiCenzo, and would not serve to violate Rubano’s rights under article 1, section 5, of the Rhode Island Constitution. Article 1, section 5 provides in pertinent part:
“Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one’s person, property, or character.”
If, as I have noted earlier, Rubano believes that she has a valid and enforceable contract with DiCenzo, and if she believes *986that DiCenzo has breached that contract, Rubano has the same right as any other similarly situated person to file a civil action in the Superior Court for breach of that contract and for specific performance of the contract, pursuant to G.L. §§ 8-2-13 and 8-2-14.
I believe it is essential to point out that the contract in question here is one that is in the nature of a private property settlement agreement that was entered into between Rubano and DiCenzo in the Family Court. The proceeding in that court had been commenced by the filing of a complaint in which Rubano sought to gain visitation rights with the minor and biological child of DiCenzo. Before the hearing on DiCenzo’s motion to dismiss that complaint on jurisdictional grounds, the parties, who were never husband and wife, but instead, were former same-sex partners, then entered into the private settlement agreement that was later presented to the Chief Judge of the Family Court. The Chief Judge, without making any findings, simply entered the private agreement in the form of a pro forma consent order. Neither Rubano’s complaint, nor her private settlement agreement with DiCenzo, effectively could serve to confer Family Court jurisdiction over Rubano’s novel complaint. Jurisdiction cannot be conferred on the Family Court by consent of the parties. See Paolino, 420 A.2d at 833. Their private agreement, later set out in the form of a pro forma consent order, was not then, nor is it now, an antenuptial agreement or property settlement agreement. Nor was it a contract “between persons who at the time of execution of [the] contract! ], were husband and wife or planned to enter into that relationship[;]” thus, it was not a matter over which the Family Court ever had specific and continuing exclusive jurisdiction to entertain pursuant to § 8-10-3. Attilli v. Attilli, 722 A.2d 268, 269 (R.I.1999) (quoting Bowen v. Bowen, 675 A.2d 412, 414 (R.I.1996)). Accordingly, the Family Court lacked jurisdiction to enforce what was in true nature nothing more than a private agreement that was never part of any divorce petition or decree. See Abedon v. Abedon, 121 R.I. 366, 371, 398 A.2d 1137, 1140 (1979). The inclusion of provisions for rights of visitation by Rubano to DiCenzo’s minor child in the agreement “[did] not clothe the [F]amily [C]ourt with jurisdiction which it [did] not otherwise have” pursuant to § 8-10-3. O’Connell v. O’Connell, 100 R.I. 444, 447, 216 A.2d 884, 886 (1966). See also Lubecki v. Ashcroft, 557 A.2d 1208, 1213-14 (R.I.1989).
This Court clearly noted in Riffenburg v. Riffenburg, 585 A.2d 627, 630 (R.I.1991), that a private agreement or contract that is not merged into a divorce judgment retains the characteristics of a private contract, and “the remedy for a party aggrieved by nonperformance of the contract is to sue for specific performance in a breach of contract action.” See also Attilli 722 A.2d at 269. The consent order embodying the private contract that was entered into between Rubano and DiCenzo in this case, it must be noted, is based entirely upon the unprecedented complaint filed by Rubano, which cannot under any circumstances ever constitute a petition for divorce or separate maintenance, as required by § 8-10-3. Consequently, the alleged contract resulting therefrom can never be merged into any final divorce judgment. Thus, Rubano is left to seek relief for any breach of contract claim she may have against DiCenzo by filing a complaint for damages and/or specific performance in the Superior Court. Because she has that readily available recourse to an adequate judicial forum in this state in which to seek redress for any alleged wrongs done to her, this Court’s response in the negative to certified questions Nos. I and II would not serve to deprive Ruba-no of any rights in violation of article 1, section 5, of the Rhode Island Constitution.
Athough I am of the opinion that the agreement between Rubano and DiCenzo, as memorialized by the consent order en*987tered in the Family Court, could be the subject of an action in the Superior Court, I would issue a caveat to that court, with regard to limitations upon its ability to enforce such an agreement.
. In the recent case of Troxel v. Granville, — U.S. -, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), the Supreme Court of the United States, in a plurality opinion, issued some very important admonitions to any court that might consider a right of visitation (contractual or otherwise) to which the biological parent might object. Justice O’Connor, joined by the Chief Justice and Justices Ginsburg and Breyer, invalidated a visitation order entered by the Superior Court of the State of Washington pursuant to a Washington statute that would allow “any person” to petition for visitation rights at any time whenever it would serve a child’s best interests. In that case, the grandparents, Jenifer and Gary Troxel, sought the right to visit them two granddaughters who were the biological children of their deceased son. See id. at -, 120 S.Ct. at 2057, 147 L.Ed.2d at 53. The facts of that case are not in any way identical to the facts at bar, but the principles enunciated serve as guidelines for any court that might be called upon to consider a complaint seeking visitation privileges in respect to a minor child whether based on contract or a previous relationship with the biological parent. Justice O’Connor made the following significant comment:
“The liberty interest at issue in this case — the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized by this Court. More than 75 years ago, in Meyer v. Nebraska, 262 U.S. 390, 399, 401, 43 S.Ct. 625, 67 L.Ed. 1042 (1923), we held that the ‘liberty’ protected by the Due Process Clause includes the right of parents to ‘establish a home and bring up children’ and ‘to control the education of their own.’ Two years later, in Pierce v. Society of Sisters, 268 U.S. 510, 534-535, 45 S.Ct. 571, 69 L.Ed. 1070 (1925), we again held that the ‘liberty of parents and guardians’ includes the right ‘to direct the upbringing and education of children under their control.’ We explained in Pierce that ‘[t]he child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.’ Id. at 535, [268 U.S. 510] 45 S.Ct. 571 [69 L.Ed. 1070], We returned to the subject in Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 L.Ed. 645 (1944), and again confirmed that there is a constitutional dimension to the right of parents to direct the upbringing of their children. ‘It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.’ Id., at 166, [321 U.S. 158] 64 S.Ct. 438 [88 L.Ed. 645].” Troxel, - U.S. at -, 120 S.Ct. at 2060, 147 L.Ed.2d at 56-57.
The plurality emphasized that a fit parent should be presumed to act in the best interests of his or her child. See id. at -, 120 S.Ct. at 2061, 147 L.Ed.2d at 58. Any person who seeks judicial intervention to obtain rights of visitation must overcome that presumption. See id. at -, 120 S.Ct. at 2062, 147 L.Ed.2d at 59. The plaintiff in such an action must satisfy the burden of proving that his or her claimed visitation right is in the best interest of the child and that the biological parent in resisting such a right is acting unreasonably. See id. at -, 120 S.Ct. at 2063, 147 L.Ed.2d at 60.
In another position of this somewhat fragmented series of opinions, Justice Souter, who concurred in the judgment, noted the dangers of judicial intervention on the basis of a judicial opinion that it could make a better decision than a child’s parent had made. See Troxel, — U.S. at ---, 120 S.Ct. at 2066-67, 147 L.Ed.2d at 64. He further admonished *988that a “child is not a mere creature of the State.” Id. at -, 120 S.Ct. at 2067, 147 L.Ed.2d at 64. To this observation I might add that a child is more than a mere chattel whose fate may be decided by a contract between two consenting adults.
With this caveat, I agree that the Superior Court would have jurisdiction at least to consider such contractual rights as might be advanced in an appropriate action by Rubano against DiCenzo.
Question III
“If the answer to Question I is in the affirmative, then does a non-biological partner, who has been a same sex partner with a biological mother have standing to petition the Rhode Island Family Court for visitation pursuant to G.L. § 15-5-1 et al. [sic]?”
I would respond to certified question No. Ill in the negative. The Family Court’s jurisdiction to permit rights of visitation to persons other than the biological or adoptive parents of a minor child specifically has been limited to grandparents and siblings of the minor child. See G.L. 1956 §§ 15-5-24.3 and 15-5-24.4. There is no provision contained in chapter 5 of title 15 that authorizes former same-sex partners to have the same rights of visitation as permitted to natural parents. Absent that legislative authority, the Family Court, being a court of special and limited jurisdiction, cannot self-expand its jurisdiction, and neither should this Court do so. See Rogers v. Rogers, 98 R.I. 263, 267-68, 201 A.2d 140, 143 (1964).
In support of its responses to the certified questions, the majority opinion has cited to various cases. Because I believe that the majority has misconstrued part of the holdings in those cases, I note here each of the distinctions.
The majority cites to Hoxsie v. Potter, 16 R.I. 374, 377, 17 A. 129, 130 (1888) to support its assertion that this Court “has exercised equitable jurisdiction over suits involving child visitation and custody.” However, it appears that Hoxsie may have been overruled by Troxel v. Granville, — U.S. -, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). In Hoxsie, an indigent, widowed mother placed her four children in the care of various relatives. See Hoxsie, 16 R.I. at 374-75, 17 A. at 129. When she remarried and became financially able to care for them, she sought their return. See id. The respondent refused to return the child that she and her husband were caring for. See id. The Court, noting that the mother had three other children and that the respondent was childless, held that the child should remain with the respondent. See id. at 377-78, 17 A. at 130. Although no allegations of the mother’s unfitness ever were made, and although the Court implied that the mother was fit, the Court found that remaining with the aunt was in the child’s best interest. See id. This is precisely the type of second-guessing that Troxel prohibits.
The majority also cites to Lubecki v. Ashcroft, 557 A.2d 1208, 1211 (R.I.1989) to support its proposition that, under its equitable powers, the Superior Court has concurrent jurisdiction to hear cases involving child visitation and custody. This ignores the exclusive jurisdiction granted to the Family Court in such matters where the contested custody and visitation must be related to petitions for divorce. See § 8-10-3. That section also grants the Family Court exclusive jurisdiction to hear those matters relating to adults who shall be involved with paternity of children born out of wedlock. Considering that the majority believes that Rubano is “involved” with the paternity of the child, and considering that the Family Court has exclusive jurisdiction over such determinations, it appears that its contention that the Superior Court has concurrent jurisdiction necessarily would fail.
In its opinion, the majority states that:
“in holding, as we do, that the Family Court had jurisdiction to determine [Ru-bano’s de facto parental relationship], we also join with the High Court in recog*989nizing that ‘persons outside the nuclear family are called upon with increasing frequency to assist in everyday tasks of child reai'ing,’ [Troxel,\ and that ‘the importance of the familial relationship, to the individuals involved and to the society, stems the emotional attachments that derive from the intimacy of daily association, and from the role it plays in “promoting] a way of life” through the instruction of children *** as well as from the fact of a blood relationship.’ Smith v. Organization of Foster Families for Equality and Reform, 431 U.S. 816, 844, 97 S.Ct. 2094, 2109, 53 L.Ed.2d 14, 35 (1977).” (Emphasis added.)
That statement is somewhat misleading. By reasserting its holding in the same sentence as unrelated statements made by the United States Supreme Court, the majority seems to imply that the United States Supreme Court directly agrees with, and supports, the majority’s holding in this case. That simply is not so.
In Troxel the Supreme Court referred only to “relatives” when referring to “persons outside the nuclear family.” Troxel, — U.S. at -, 120 S.Ct. at 2059, 147 L.Ed.2d at 55. The Supreme Court stated that “[t]he nationwide enactment of nonpa-rental visitation statutes is assuredly due, in some part, to the States’ recognition of these changing realities of the American family.” Id. at -, 120 S.Ct. at 2059, 147 L.Ed.2d at 55-56. The Court then acknowledged that “grandparents and other relatives undertake duties of a parental nature in many households ***.” Id. at -, 120 S.Ct. at 2059, 147 L.Ed.2d at 56. (Emphasis added.) The High Court does not mention unrelated third parties when discussing duties of a parental nature. In Smith v. Organization of Foster Families for Equality and Reform, 431 U.S. 816, 97 S.Ct. 2094, 53 L.Ed.2d 14 (1977), the High Court addressed the alleged constitutionally protected liberty interests of legal foster parents. Again, no mention of same-sex, de facto parents.
Another case relied upon by the majority is Michael H. v. Gerald D., 491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1989). In that case, Michael H. had a child by a married woman. When the child was three years old, Michael sought to establish his paternity. See id. at 114, 109 S.Ct. at 2337, 105 L.Ed.2d at 100. The Supreme Court affirmed the California Court of Appeals, which affirmed the trial court’s finding that, under the California Paternity Act, the mother’s husband was the presumptive natural father of the child. See id. at 132, 109 S.Ct. at 2346, 105 L.Ed .2d at 111.
In the present ease, the majority appears to be relying on the Supreme Court’s footnote statement in Michael H., that states that the “ ‘unitary family’ *** also includes the household of unmarried parents and their children,” to support its notion that the parties in this case similarly are “unmarried parents” and, therefore, they come within the definition of a “unitary family.” Michael H., 491 U.S. at 123, n. 3, 109 S.Ct. at 2342, n. 3, 105 L.Ed.2d at 106, n. 3. Michael H. did not involve homosexual relationships; rather, it involved a paternity challenge. In addition, Michael H., makes no mention of de facto parents and, when taken in its proper context, any reference to parents is limited to natural/biological parents, married or otherwise. Indeed, the Supreme Court states that “California law, like nature itself, makes no provision for dual fatherhood.” Id. at 118, 109 S.Ct. at 2339, 105 L.Ed.2d at 103. At a minimum, this suggests that the Supreme Court might not approve of dual motherhood.
Another case cited by the majority is Cleveland Board of Education v. LaFleur, 414 U.S. 632, 94 S.Ct. 791, 39 L.Ed.2d 52 (1974). LaFleur involved a challenge to the constitutionality of mandatory maternity leave rules where pregnant school teachers were forced to take maternity leave for a specified period whether they wished to or not. The “freedom of personal choice in matters of *** family life” to *990which this majority refers was the freedom to decide to become pregnant without fear of being penalized. LaFleur, 414 U.S. at 639, 94 S.Ct. at 796, 39 L.Ed.2d at 60. In quoting LaFleur, the majority omits a critical part of the Supreme Court’s statement. The exact quote says: “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment.” Id. at 639-40, 94 S.Ct. at 796, 39 L.Ed.2d at 60. (Emphasis added.) It is rather a leap to imply that this statement supports the assertion that Rubano has a constitutionally protected liberty interest in visitation rights with the child.
Finally, the majority relies upon Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983), to suggest that DiCenzo’s parental rights are not unqualified “because the rights of a child’s biological parent do not always outweigh those of other parties asserting parental rights, let alone do they trump the child’s best interest.” Lehr stands for the proposition that a developed, parent-child relationship between an unwed biological parent and his or her child is entitled to constitutional protection. The Supreme Court acknowledged that there is a “clear distinction between a mere biological relationship and an actual relationship of parental responsibility.” Id. at 259-60, 103 S.Ct. at 2992, 77 L.Ed.2d at 625. The majority uses this quote to support its contention that Ruba-no’s relationship of parental responsibility with DiCenzo’s child somehow trumps DiCenzo’s objections to Rubano’s visitation. However, the Supreme Court’s statement was referring to the fact that a mere biological relationship, without more, does not support that parent’s claim that he or she has a substantive due process right to maintain a parental relationship. Here, the biological parent, DiCenzo, has a fully developed relationship with her child; therefore, Lehr is not relevant and serves merely to confuse the issue.
Let us consider the implications of the majority’s leap to confer jurisdiction upon the Family Court to entertain a petition for visitation by a person who neither has an adoptive nor blood relationship to the child (such as grandparent) based solely upon a prior homosexual relationship with the biological mother. Let us suppose that a man who was not the biological father of a child engaged in a heterosexual relationship with the unmarried mother of such a child. Let us further suppose that this man, the mother, and the child lived together for a period of years as a family unit. During that time, the live-in boyfriend contributed to the support of the child and assumed some of the duties of parenting. Nevertheless, he did not marry the child’s mother and did not adopt the child. Would the majority give to this heterosexual partner the right to petition for visitation after the heterosexual relationship had beeri dissolved? In the event that the biological mother was not unfit and objected to this visitation because she had entered into a new relationship with another partner, would the Family Court have jurisdiction to entertain such a petition?
Conclusion
For the reasons stated, the Chief Justice and I concur with the majority in answering certified question No. I in the negative; we dissent from the majority in our answers to certified questions No. II and No. III. We would answer certified question No. II in the negative, and we would answer certified question No. III in the negative.
. The Random House Unabridged Dictionary 1421 (2d. ed.1987) defines paternity as: "n. 1. the state of being a father, fatherhood. 2. derivation or acquirement from a father. 3. origin or authorship. — adj. 4. noting or pertaining to a legal dispute in which an unwed mother accuses a man of being the father of her child: a paternity suit." Random House Unabridged Dictionary 1421 (2d ed.1987). The dictionary definition of a paternity test is: "an assessment of possible paternity based on a comparison of the genetic markers of the offspring and those of the putative father." Id.
. DiCenzo asserts that she refused Rubano’s request that her name appear on the birth certificate as a second parent.
. In a report to the Family Court, the child's counselor stated that she believed Rubano was using the child to manipulate DiCenzo and was sending unhealthy messages to him about his life with his mother. She also stated that the child indicated that he and Ruba-no "sleep in the same bed, either in his or hers, and that he is prompted to call her 'mother', and not tell [DiCenzo].” She con-eluded that visitation with Rubano was disruptive and confusing for him, and that his fear of hurting either woman’s feelings was causing him to be frustrated.
. General Laws 1956 § 15-8-1, as enacted by P.L.1979, ch. 185, § 2.
. In a footnote, the majority states that even though the ULP "does give the Family Court authority to make and enforce support orders, it is not so limited by its temis.” This directly contradicts its earlier statement that the Family Court "has no more powers than those expressly conferred upon it by the Legislature.” It also completely contradicts Waldeck v. Piner, 488 A.2d 1218 (R.I.1985).
. It should be noted that § 15-8-26 in our Uniform Law on Paternity Act is not taken from the Uniform Laws Annotated version of the Uniform Law on Paternity; instead, it is taken from the Uniform Parentage Act. See Uniform Parentage Act, 9B U.L.A. § 21 at 334 (1987).
. In a footnote, the majority contends that West v. Superior Court (Lockrem), 59 Cal.App.4th 302, 69 Cal.Rptr.2d 160 (1997), a case upon which I rely, attempts to limit the "any interested person” language of § 15 — 8— 26 to apply only to biological mothers. West does not make such a limitation; rather, it recognizes the obvious, that "[a]s an ‘interested person’ [a] biological mother [is] entitled to bring an action to determine whether [her] former lesbian partner possessed] a mother-child relationship with the child.” West, 69 Cal.Rptr.2d at 162. The California Court then found that "[a]s a person unrelated to [the child], [the biological mother’s former lesbian partner] is not an 'interested person’ ” and, therefore, does not possess statutory standing. Id. Nowhere does the California Court preclude others, such as the child or the biological father, from bringing an action under the statute.
. See § 15-8-26.
. The majority cites to V.C. v. M.J.B., 163 N.J. 200, 748 A.2d 539 (2000) to support its recognition of the existence of "psychological parenthood.” Although the New Jersey Supreme Court did recognize such a phenomenon, it also recognizes the validity of West v. Superior Court (Lockrem), 59 Cal.App.4th 302, 69 Cal.Rptr.2d 160 (1997). In footnote 5 the New Jersey Court Supreme Court states:
"The legislative grant of power is what distinguishes this case from West v. The Superior Court of Sacramento *** cited by M.J.B. for the proposition that we lack jurisdiction over V.C.’s claim. Each of those cases was decided based on an absence of legislative authority evidenced by a legislative scheme that did not include the kind of language employed here.” V.C., 748 A.2d at 548, n. 5.
Here, the statutory distinction noted by the New Jersey Court serves as the basis for rejecting Rubano’s claim.
. It is noteworthy that although the majority agrees that "generally speaking, the estoppel doctrine acts as a legal shield rather than a sword” (emphasis added), it does not cite to any cases to support its suggestion that there *984are occasions when the estoppel doctrine properly may be used as a sword.