Manhattan Criminal Court Judge Robert Mandelbaum is trying to overturn his father's will that says he must marry the surrogate mother of his child. However, Robert is already married to a man, Johnathan O'Donnell, reports the Daily Mail.

Frank Mandelbaum, Robert's late father who died in 2007, had set aside a $180,000 trust for his three grandchildren.

According to the New York Post, Robert Mandelbaum's son Cooper Mandell will lose his inheritance if Robert is "not married to the child's mother within six months of the child's birth."

Yet Robert and Johnathan were married in 2011 when Cooper was 16 months old. The child's mother is a surrogate, whose name has not been made public.

Robert Mandelbaum claims the only "mother" Cooper knows is O'Donnell.

According to the New York Post, Robert Mandelbaum's attorney Anne Bederka wrote in court papers: "Requiring a gay man to marry a woman . . . to ensure his child’s bequest is tantamount to expecting him either to live in celibacy, or to engage in extramarital activity with another man, and is therefore contrary to public policy."

However, wills are a private matter. not public, so it is not clear what chances, if any, Robert Mandelbaum has to overturn the will.

(Frank Mandelbaum)

(Johnathan O'Donnell)