The Child’s Relationship With A Biological Parent Does Not Bar Equitable Adoption

W gave birth to S while she and her husband, H, were separated. H and W agreed that H would treat S as his child, which he did, and his name appeared on her birth certificate. At age 14, S learned that H was not her biological father, met and from time to time saw her biological father, N. N never supported S. After the deaths of W and H, a dispute arose between S and her parent’s son C over inheritance rights in W and H’s estates. In the ensuing litigation, C moved for partial summary judgment on the issue of equitable adoption which was granted.

In Sanders v. Riley, the Georgia Supreme Court reversed, holding that there was sufficient evidence of an agreement between H and N for S’s adoption by H to defeat summary judgment on the issue. The court also held as a matter of law that once the requirements of equitable adoption are satisfied, the child does not become “unadopted” by establishing a relationship with a biological parent.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.