Equitable Adoption: A Comprehensive Guide to Its Legal Implications
Definition & Meaning
Equitable adoption is a legal process recognized in some states that establishes inheritance rights for a child who has not been formally adopted but has been raised by prospective adoptive parents. This situation often arises when the caregiver dies without a will, or if the child is not mentioned in the deceased's will, despite having an oral agreement to adopt. The doctrine allows the child to claim a share of the estate based on their relationship with the deceased caregiver.
Legal Use & context
Equitable adoption is primarily used in family law and estate law. It provides a means for children who have been cared for by adults intending to adopt them to secure inheritance rights. This legal concept can be particularly relevant in cases where the deceased left no will or where the child was inadvertently excluded from the will. Users may find it helpful to utilize legal forms and templates tailored for equitable adoption situations through resources like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A woman has been raising her partner's child for several years and has verbally agreed to adopt the child. When she passes away without a will, the child may claim a share of her estate based on equitable adoption.
Example 2: A man cares for his partner's child and tells family members of his intention to adopt the child. Upon his death, the child can seek inheritance rights, even if not formally adopted. (hypothetical example)