To be considered an equitably adopted child, it must have been possible under applicable State law for the child to have been legally adopted either before the child's application is filed, in life cases, or before the NH's death.

Some State laws provide that:

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  The child must have lived with the adopting parents for a specified period before the granting of an adoption decree; or

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  There must be a waiting period after the petition for adoption is filed or after the initial or interlocutory decree is granted before the final decree is issued.

In those States, the child must have started living with the NH early enough so that the required waiting period had run before the child's application is filed in life cases or before the NH's death. However, if State law permits the courts to waive the waiting period, treat the case as if no waiting period were required.