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.