This chart shows the State laws concerning equitable adoption.
State
|
Oral Agreement Acceptable
|
Agreement to Adopt May be Implied
|
Giving of Inheritance Rights Required
|
Trial or Waiting Period Requirement
|
Waiting Period May Be Waived
|
Alabama
|
Yes
|
Yes
|
Yes1
|
Before 9/15/61, 1 year. After 9/14/61, 6 mos.
|
No1
|
Alaska
|
Yes
|
Yes
|
No
|
None
|
|
American Samoa
|
Yes
|
Yes
|
No
|
None
|
|
Arizona
|
Yes
|
Yes
|
No
|
6 mos.(1 yr. before 6/20/68)
|
No
|
California
|
Yes
|
Yes
|
No
|
None
|
|
Colorado
|
Yes
|
Yes
|
No
|
30 days2
|
No
|
Connecticut
|
Yes
|
Yes
|
No
|
1 yr.
|
Yes
|
Delaware
|
Yes
|
Yes
|
No
|
1 yr.
|
Yes3
|
District of Columbia
|
Yes
|
Yes
|
No
|
6 mos.
|
No
|
Florida
|
Yes
|
Yes
|
No
|
Before 5/20/55, 60 days. After 5/19/55, 90 days.
|
Yes4
|
Georgia
|
Yes
|
Yes
|
No
|
From 5/1/66, 90 days. From 1/1/41-4/30/66, 8 1/2 mos.
|
No
|
Hawaii
|
Yes
|
Yes
|
No
|
Up to 6 mos.
|
Yes
|
Idaho
|
Yes
|
Yes
|
No
|
None
|
|
Illinois
|
Yes
|
No13
|
No
|
6 mos.
|
Yes
|
Iowa
|
Yes
|
Yes
|
No
|
180 days
|
Yes
|
Kansas
|
Yes
|
Yes
|
No
|
Before 6/30/51, 7 mos. After 6/29/51, 30 days.
|
No
|
Maine
|
Yes
|
Yes
|
No
|
1 yr.
|
Yes
|
Maryland
|
Yes
|
Yes
|
No
|
30 days
|
No
|
Massachusetts
|
Yes
|
Yes
|
No
|
1 yr. residence
|
Yes
|
Michigan
|
Yes
|
Yes
|
No
|
1 yr.
|
Yes
|
Minnesota
|
Yes
|
Yes
|
No
|
6 mos.
|
Yes
|
Missouri
|
Yes
|
Yes
|
No
|
Before 7/7/97, 9 mos. custody.
After 7/6/97, 6 mos.5 legal and actual custody.
|
Yes
|
Montana
|
Yes
|
Yes
|
No
|
Before 7/1/75, none. After 6/30/57, 6 mos.
|
Yes
|
Nebraska
|
Yes
|
Yes
|
No
|
6 mos. residence
|
No
|
Nevada
|
Yes
|
Yes
|
No
|
Before 4/6/61, none. After 4/5/61, 6 mos.
|
No
|
New Hampshire
|
Yes
|
Yes
|
No
|
1 yr.
|
Yes
|
New Jersey
|
Yes
|
Yes
|
No
|
1 yr.
|
Up to 6 mos.
|
New Mexico
|
No
|
Yes
|
No
|
6 mos.6
|
No
|
New York
|
Yes
|
Yes
|
No
|
Before 6/22/99, 6 mos.
On or after 6/22/99, 3 mos.
|
Yes
|
North Carolina
|
No
|
Yes
|
Yes
|
1 yr.7
|
Yes8
|
North Dakota
|
Yes
|
Yes
|
No
|
6 mos.
|
Yes
|
Oklahoma
|
Yes
|
No
|
No
|
6 mos.9
|
Yes
|
Pennsylvania
|
No10
|
No
|
Yes11
|
6 mos.12
|
No
|
Rhode Island
|
Yes
|
Yes
|
No
|
6 mos.
|
Yes
|
South Carolina
|
Yes
|
No
|
Yes
|
None
|
|
South Dakota
|
Yes
|
Yes
|
No
|
6 mos.
|
No
|
Texas
|
Yes
|
Yes
|
No
|
6mos.
|
Yes
|
Utah
|
Yes
|
Yes
|
No
|
1 yr. residence
|
No
|
Vermont
|
Yes
|
Yes
|
No
|
Before 7/1/59, 1 yr. After 6/30/59, 6 mos.
|
Yes
|
West Virginia
|
Yes
|
Yes
|
No
|
6 mos.
|
No
|
Wyoming
|
No
|
Yes
|
No
|
6 mos. residence
|
No
|
1 May be waived in cases of adoption by stepparent and also, after 9/14/61, in cases
of adoption by grandparent, brother, sister, aunt, uncle (singly or with their spouses)
if child lived with adopter for 1 year.
2 Before 7/1/59, no waiting period required if child is grandchild or stepchild, nor
if placed by a duly licensed agency, State home for dependent children, or public
welfare department. After 6/30/59, no waiting required if petitioner is relative or
stepparent.
3 After 6/30/52, only 6 months of waiting period may be waived.
4 After 5/19/55, may be waived if adoption is by stepparent, or relative by blood or
marriage.
5May be waived in situations in which the child at issue has been under the “prior
and continuing” jurisdiction of the juvenile court and the individual(s) seeking to
adopt the child is the foster parent(s).
6 Adoption may not be entered until a child attains one year of age. This requirement
may not be waived.
7 However, court may shorten period by the length of time child has resided in home
of petitioner prior to granting of interlocutory decree, provided child was placed
in petitioner's home by superintendent of public welfare or licensed child-placing
agency, but no final order may be entered until child has resided in petitioner's
home for a period of one year.
8 Period may be waived by court if conditions set forth in GN 00306.160 for waiver or interlocutory decree are met or shortened.
9 There is no trial or waiting period for decree before 8/28/57.
10 Change of position effective 8/30/84.
11 Promise of inheritance rights may be expressed or implied from adoption agreement.
12 Ten days if prospective adoptee related by blood or marriage to prospective adopter.
13 Circumstantial evidence may be relied upon to establish the existence and terms of
an oral contract to adopt, but an agreement will not be implied based solely on facts,
circumstances, and conduct.