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:

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  The adopting parent and child conducted themselves like an actual parent and child; and

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  The child occupied the position of a child, rendering filial obedience until the NH's death or entitlement (in a life case).

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 Office of the General Counsel (OGC) per GN 01010.815 ff. in the absence of a precedent opinion.