TN 26 (12-98)
GN 00306.205 Performance by Child - Equitable Adoption
A. Policy — General
A child can be equitably adopted only if there has been performance by the child under a contract to adopt (as distinguished from a foster parent relationship). Some factors which constitute performance are:
The adopting parent and child conducted themselves like an actual parent and child; and
The child occupied the position of a child, rendering filial obedience until the NH's death or entitlement (in a life case).
NOTE: Do not confuse the period of performance with the State law trial or waiting period requirements in GN 00306.225B.
B. Policy — Length of Period
The length of the performance period varies according to State. In some States performance alone is not enough to justify a finding of equitable adoption. Submit the case to the RCC per GN 01010.815 ff. in the absence of a precedent opinion.