Legal Question in Wills and Trusts in Georgia

Is the Equitable Adoption Doctrine recognized in the Georgia?


Asked on 2/03/14, 7:42 am

1 Answer from Attorneys

Yes. See e.g. O'NEAL v. WILKES, 263 Ga. 850, 439 S.E.2d 490 (1994) which says:

The first essential of a contract for adoption is that it be made between persons competent to contract for the disposition of the child. Winder v. Winder, 218 Ga. 409 (128 SE2d 56) (1962); Rucker v. Moore, 186 Ga. 747, 748 (199 SE 106) (1938). A successful plaintiff must also prove:

Some showing of an agreement between the natural and adoptive parents, performance by the natural parents of the child in giving up custody, performance by the child by living in the home of the adoptive parents, partial performance by the foster parents in taking the child into the home and treating [it] as their child, and ... the intestacy of the foster 852*852 parent.

I have not done extensive research on this in GA but I assume this is still good law.

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Answered on 2/03/14, 9:18 pm


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