estate – Page 23 – Laws Regulations

Must the child be a minor to be adopted?

Warning: Zend OPcache API is restricted by "restrict_api" configuration directive in /srv/users/serverpilot/apps/lawslookup/public/wp-content/plugins/tubepress/vendor/tedivm/stash/src/Stash/Driver/FileSystem.php on line 253

Minor Child Adopt Adoption Law

Must the child be a minor to be adopted?

No. A person may adopt an adult as his/her child, if permitted under the state’s law. There may be special advantages to adopting an adult as a child, such as avoiding generation-skipping transfer tax when a person wants to provide the bulk of his/her estate upon death to a friend who is many years younger. Another example may occur as a result of a state rule, such as the rule in California, that real property acquired by a child is not reassessed for tax purposes after the death of a parent (but the transfer would trigger property tax reassessment if the recipient were not the child of the decedent). Other factors, such as long-term emotional bonds, may cause one adult to adopt another adult as his/her child.

What is ‘equitable adoption’ or ‘adoption by estoppel?’

Equitable Adoption Estoppel Adoption Law

What is ‘equitable adoption’ or ‘adoption by estoppel?’

Equitable adoption (also called putative or constructive adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if s/he had formally adopted the child.

Adoption by Estoppels happens when a parent tries to deny equitable adoption. If a parent has taken a child into his/her home, and acted as the parent of that child for a number of years, even without a formal adoption procedure, that parent is prevented from then denying parentage by adoption by estoppels. Because the child was not legally adopted, s/he cannot seek action in court; however, adoption by estoppels is a remedy that is available to the child, to claim adoption by the parent.

The legal doctrines of equitable adoption and adoption by estoppels typically arise when a person who took care of a minor child for many years dies. The decedent (person who has died) may have died without a Will and the child presents a claim to all or part of the estate based on one of these doctrines. If the decedent died with a Will and the child was not mentioned in the Will, the child may still present a claim for a portion of the parent’s estate on the basis of being an omitted or pretermitted child.

What is ‘adoption’ in a legal sense?

Legal Adoption Adoption Law

What is ‘adoption’ in a legal sense?

Adoption is the process through which the natural parents’ rights and obligations toward their children) are terminated, and the adoptive parents assume these rights and obligations. Once a child has been adopted, the natural or birth parents are no longer responsible for their child; the obligations that they have toward their child, likewise, cease to exist. It is as if the natural or birth parents become like any other third party with respect to the child. The adoptive parents become responsible for the child and all the obligations and rights between a parent and child are established between them.

Adoption is a process that is established by statutory law, and is treated in accordance with the laws established by the state in which the parent and child reside. The legal procedure by which a formal legal adoption occurs differs from state to state. An attorney will help you to determine the particular procedures of the state in which you live.

The primary obligation flowing from a parent to a minor child is to be responsible for his/her health, education and welfare. When a parent adopts a minor child, the parent must then provide for the needs of the child.

The primary right that a child obtains from a parent is the right of inheritance of the estate. Although this right of inheritance may be altered by a Will or Trust, or other disposition of property, in the event that a parent dies without a Will, the parent’s children are entitled to the estate (all the property that the parent owned as of the date of death). Generally, an adopted child has no rights to the estate of his or her biological parents.