Equitable adoption, also called adoption by estoppel, occurs without court and instead is based on the promises or actions of the putative parents. Without court order, however, custodial rights are not created. In other words, even in cases where equitable adoption is found by the court, legal adoption with all of its legal rights and responsibilities does not result. In cases of equitable adoption, what courts have recognized is that children have claims against the intestate estates of their putative parents. Likewise, children who are considered to have been equitably adopted have benefited for purposes of taxes, insurance or to make claims in wrongful death cases. Court have found that the natural parents’ consent to residing in the deceased person’s home does not in and of itself create evidence of equitable adoption. In fact, a person claiming an equitable adoption must prove his or her case by clear and convincing evidence. If you have questions about equitable adoption in Las Vegas, call the family law attorneys at Pecos Law Group.
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