Adoption

Question 1

Who May Be Adopted?

Answer 1

A minor child is considered free for adoption if the child has no living parents, or the rights of the parents have been terminated. In many states, an adult may adopt another adult, typically for estate planning purposes.

Question 2

Parental Consent for Adoption

Answer 2

Generally, if biological parents are still living and still have rights –> consent is required.

Question 3

Revocation of Consent

Answer 3

The consent of a biological parent generally may be revoked upon proof of fraud or duress prior to the adoption decree.

Question 4

Standard for Adoption

Answer 4

A court will decide whether to grant a petition for adoption based on a determination of the child’s best interests.

Question 5

Effect of Decree of Adoption

Answer 5

The biological family is no longer the legal family, and the adoptive family is now the legal family for all purposes of the law.

Question 6

Equitable Adoption/Parenthood by Estoppel

Answer 6

When one assumes the relationship of parent/child even though you do not have a piece of paper confirming the adoption. As a result, one should be considered the parent. Two theories:

• K theory
• Behavior/Equitable theory

Question 7

K Theory

Answer 7

Some courts require proof of a K between the natural parents and the putative parent when the child is a minor who cannot contract

Question 8

Behavior/Equitable Theory

Answer 8

Looks at whether the putative parent led the child to believe he or she was legally a member of the family and apply an estoppel theory where the child has performed services for the putative parent (limited to inheritance claims)