A person performs a virtual adoption when they orally agree to adopt someone and then act upon the agreement. In order for the parties to act on the agreement by way of partial performance, there must be evidence that the biological parent interrupted his or her actual relationship with the child. In Sanders v. Riley, the Georgia Supreme Court held that this form of equitable remedy cannot be undone when biological parents want to reunite with their child. Even if the biological parent and child form a relationship at a later time, the child cannot reverse his or her virtual adoptive status.
See Luke Lantta, Can A Virtual Adoption Be Undone?, Bryan Cave Fiduciary Litigation, April 23, 2015.
Special thanks to Jim Hillhouse for bringing this article to my attention.
