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.

Case Studies: Insurance Solutions for Adoptive Relationships

Case Study 1: Life Insurance for Equitably Adopted Child, FamilyProtect Insurance

FamilyProtect Insurance offers life insurance policies that cater to the needs of families involved in equitable adoption. In a case study, a couple had informally adopted a child and raised them as their own for many years. The couple wanted to ensure the financial security of the child in the event of their passing.

FamilyProtect Insurance provided a life insurance policy that named the equitably adopted child as a beneficiary. The policy offered a substantial death benefit that would provide financial support and stability for the child, ensuring their well-being and future needs would be taken care of.

Case Study 2: Homeowners Insurance for Adoption by Estoppel, SecureHome Insurance

SecureHome Insurance offers homeowners insurance policies that consider the unique circumstances of adoption by estoppel. In a case study, a family had taken in a child and treated them as their own for several years, even though no formal adoption had taken place. The family wanted to protect their home and assets in case of any legal claims or disputes related to the adoption by estoppel.

SecureHome Insurance provided a comprehensive homeowners insurance policy that included coverage for personal liability. This coverage protected the family in the event of legal actions arising from the adoption, offering financial assistance for legal defense costs and potential settlements.

Case Study 3: Estate Planning Insurance for Equitable Adoption Claims, LegacyShield Insurance

LegacyShield Insurance specializes in estate planning insurance that addresses equitable adoption claims. In a case study, an individual passed away without a formal adoption of their equitably adopted child. The child sought to establish their rights as an heir and claim a portion of the estate.

LegacyShield Insurance had provided the individual with estate planning insurance coverage that included legal representation and financial support for potential equitable adoption claims.

The insurance company worked closely with the child’s attorney to navigate the legal process and ensure a fair resolution. The coverage provided peace of mind to the individual knowing that their child would be protected and supported even after their passing.