Parent- Child Relationship Can Be Proven Through Equitable Adoption

A parent-child relationship may be shown by equitable adoption. Donald held plaintiff outto be his son for over 60 years. In 2000, plaintiff attempted to usehis birth certificate to obtain a passport, but found that the record ofplaintiff’s birth was different than an official copy. It soon came to light thatDonald had adopted the plaintiff. Although Donald believed that it was a legal adoption,there were no legal documents on the adoption. Even after the discovery, Donaldcontinued to hold the plaintiff out to be his son. This suit was brought aboutbecause Donald signed a will claiming he did not have any children shortly before he died. That willis being contested because of alleged fraud and undue influence. 

In DeHart v. DeHart, the Illinois Supreme Court held that a parent-child relationship could be proved not only under a contract to adopt, but also under an equitable adoption theory. The putative child must show by clear and convincing evidence an intent to adopt on the part of the putative parent or a mistaken or fraudulent holding out of the child as the parent’s natural child in the context of a “close enduring familiar relationship.”

DeHart v. DeHart, 986 N.E.2d 85 (Ill. 2013)

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