Same-Sex Adoption as Creating “Grandchild?” — Update

Earlier on this blog, I discussed the case of Olive Watson who, in 1991, adopted her same-sex partner, Patricia Spado.  By doing so, Olive made Patricia her “child” so that she would be able to inherit from her upon Olive’s death.

In 2004, Olive’s father’s widow died triggering trusts which provide distributions to Olive’s father’s grandchildren.  Patricia, as an adopted grandchild, is claiming that she is entitled to a share of the trust.

This case is now receiving national attention because the family consists of the descendants of Thomas J. Watson, Sr., the founder of I.B.M.  See Pam Belluck and Alison Leigh Cowan, Partner Adopted by an Heiress Stakes Her Claim, NY Times, March 19, 2007.

Here are a few excerpts from this article:

A guardian ad litem appointed to represent Watson grandchildren yet to be born or identified, Henry W. Pascarella, has called the women’s 1991 arrangement a “Mephistophelian maneuver of a middle-aged woman adopting her still older middle-aged female lover ‘as her child.’ ”

A Greenwich probate judge ruled against Ms. Spado in 2005, but her lawyers have appealed, contending that the trusts cannot “be construed to exclude a legally adopted grandchild of Mr. Watson solely because that grandchild was an adult at the time of the adoption.” * * *

Making this case even more complex is the fact that after the couple separated, Ms. Watson paid Ms. Spado a $500,000 settlement. Ms. Spado has contended that the money was to buy out her interest in property the women jointly owned, and should not affect the trusts. The Watson lawyers have said it was intended to put to rest further claims. After the settlement, however, Ms. Watson signed a letter affirming “our agreement that I have not and that I shall at no time initiate any action to revoke or annul my adoption of you.”