TN 124 (12-23)

GN 00306.205 Performance by Child - Equitable Adoption

A. Policy — General

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.

B. Policy — Length of Period

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.

To Link to this section - Use this URL:
GN 00306.205 - Performance by Child - Equitable Adoption - 12/13/2023
Batch run: 12/13/2023