In your memorandum dated September 30, 1982, you asked whether Kentucky recognizes
                  the theory of equitable adoption and whether Kentucky recognizes a contract of equitable
                  adoption created by the law of a State having jurisdiction to create it. The Program
                  Operations Manual System (POMS) GN 00306.385 (State Laws on Equitable Adoption) addresses these issues and states Kentucky would
                  not recognize equitable adoption under such circumstances. Your request was prompted
                  by a recent decision by an administrative law judge who relied upon Radar v. Celebrezze, 253 F.Supp. 325 (E.D. Ky. 1966), in concluding that Kentucky would recognize an
                  equitable adoption undertaken in another State.
               
               In order to fully appreciate the distinction between Radar v. Celebrezze, supra, and the present matter, it is necessary to discuss some of the facts and
                  administrative proceedings in the Radar case. In Radar, the child was born in Ohio
                  in 1957 to the 16-year-old stepdaughter of the insured. The insured, his wife and
                  his stepdaughter agreed that the insured would pay all medical and hospital expenses
                  incident to the child's birth provided the stepdaughter (child's natural mother) agreed
                  that the insured could raise the child as his own to include subsequently adopting
                  the child. The stepdaughter agreed. On March 22, 1966 the insured applied for disability
                  benefits while still domiciled in Ohio and discussed the child in that application
                  explaining he had not yet adopted the child because he lacked the money to do so.
                  However, the child had been in his care and custody since she was four days old. The
                  insured's application was finally approved on May 24, 1962 effective December 31,
                  1960. At the time of approval, however, the insured, his wife and the child had moved
                  from Ohio to Kentucky. The child was subsequently adopted by the insured in a Kentucky
                  Court on August 31, 1962. Although the insured's wife and child's applications filed
                  after the adoption were denied, the hearing examiner determined that the insured's
                  original application for disability benefits filed in Ohio constituted an application
                  for child's benefits as well as an application for disability benefits. It was this
                  original application filed while the insured was domiciled in Ohio which was the basis
                  for the determination favorable to the child by the hearing examiner and ultimately
                  the Radar court.
               
               The hearing examiner in Radar reasoned that since the insured was domiciled in Ohio
                  at the time of his original application for disability benefits (which the hearing
                  examiner also treated as an application for child's benefits,) the laws of Ohio governed
                  the issue of equitable adoption, and the laws of Kentucky had no bearing and were
                  not applicable. The hearing examiner further found that Ohio did recognize the doctrine
                  of equitable adoption and that an equitable adoption had taken place in Ohio in the
                  year 1957. Therefore, the hearing examiner concluded that the child was entitled to
                  child's benefits based upon the application filed by the insured on March 22, 1961.
                  The Appeals Council did not accept the decision of the hearing examiner and denied
                  the child benefits because it concluded the applicant was not the child of the insured.
                  Unlike the hearing examiner, the Appeals Council applied Kentucky law to determine
                  the child's status.
               
               Faced with these administrative proceedings, the Radar court held that the decision
                  of the Appeals Council should be reversed and set aside and that the hearing examiner's
                  decision should be affirmed and reinstated. In so holding, the Radar court adopted
                  the finding of the hearing examiner that Ohio law governed because the application
                  was filed in Ohio. Kentucky law was totally irrelevant in the Radar case.
               
               Although the Radar court does discuss equitable adoption in Kentucky as dicta in response
                  to a statement by the Appeals Council that "the doctrine of equitable adoption is
                  not generally recognized in Kentucky," its cited authority is not supportive of its
                  conclusion on equitable adoption in Kentucky for several reasons.
               
               First, only one of the several cases cited by the Radar court involved the concept
                  of equitable adoption and this was Davis v. Celebrezze, 239 F.Supp. 608 (S.D.W.Va. 1965). However, this case involved the application of
                  the West Virginia's law of equitable adoption where the Secretary had conceded that
                  such a doctrine would be recognized in West Virginia under the proper circumstances.
                  There was absolutely no citation or reference to any Kentucky law of equitable adoption
                  in Davis. The Davis case is relevant only to the application of the law of West Virginia. The other cases
                  cited by the Radar court (Pyle v. Fisher, 128 S.W.2d 726 (1939), Edmonds v. Tice, 324 S.W.2d 491 (1959), Moore v. Smith, 14 S.W.2d 1072 (1929)), all involve valid judgments of adoption procured pursuant
                  to the statutory laws of Indiana, Washington and Colorado, respectively. In each of
                  these cases, the Kentucky Courts followed the rule set out in Pyle v. Fisher, supra, with regard to these adoption judgments:
               
               "the status acquired by adoption in one State will be recognized in another and the
                  rights of the child to inherit will be given effect as to property located in the
                  latter State, (Kentucky), provided such rights are not inconsistent with those incident
                  to the status of adoption created in such State or with the laws and policies of such
                  State." (P. 726)
               
               Since the three above-mentioned States which had rendered adoption judgments and the
                  State of Kentucky all allow an adopted child to inherit from his adoptive parents,
                  these Kentucky Courts found no conflict in law or policy and recognized the foreign
                  adoption judgments in these cases.
               
               Unlike these cases cited by the Radar court, the present matter concerns the concept
                  of equitable adoption under Kentucky law and not the question of whether Kentucky
                  will recognize a valid adoption judgment of a sister State. It is this distinction
                  which renders the Radar court's reliance upon these cases involving adoption judgments
                  of no persuasive value on the issue of the doctrine of equitable adoption in Kentucky.
               
               The doctrine of equitable adoption is inconsistent with Kentucky's law and policy.
                  Kentucky has historically refused to recognize or enforce contracts to make a child
                  an heir as contrary to public policy. Davis v. Jones, 22 S.W. 331 (1893). Under Kentucky law, the legislature has determined that certain
                  parties can make unrelated persons heirs through strict adherence to the adoption
                  statute and by no other means. Davis v. Jones, supra. Additionally, Kentucky Courts specifically have refused to apply any equitable
                  principles in adoption proceedings. Carter v. Capshaw, 60 S.W.2d, 959 (1933); Higgason v. Henry, 313 S.W.2d, 275 (1958); Goldfuss v. Goldfuss, 565 S.W.2d 441 (1978).
               
               The right of adoption is in force in Kentucky only by virtue of statute and such adoption
                  laws are intended to be comprehensive and all inclusive on the subject of adoption.
                  Stanfield v. Willoughby, 286 S.W.2d 908 (1940); Goldfuss v. Goldfuss, supra; Carter v. Capshaw, supra. Based on continued adherence to public policies of longstanding and the absence
                  of any known persuasive authority to the contrary, it is the opinion of this office
                  that Kentucky does not recognize the doctrine of "equitable adoption" and would not
                  recognize such a status even if the contract of adoption were made in some other State. Pyle v. Fisher, supra.