Does NC Recognize Equitable Adoption?

[LScarbro]

What is the name of your state? North Carolina

Does NC recognize equitable adoption? If yes, do you know which NC General Statute addresses this topic? I would like to read more about NC Equitable Adoption laws.

My friend died without a will in NC in 2006. He was married when he died. A paternity test was done on the girl whom he thought was his daughter when she was 15. The paternity test proved my friend was not her biological father. She never lived with my friend. She always lived with her mother who was never married to my friend. There was no intention from my friend to adopt her once he found out she was not his biological daughter. She is now 33.

In addition to the wife being an heir to the estate, can she also claim to be an heir to the estate via equitable adoption? If yes, what proof would she have to provide in order for NC courts to recognize equitable adoption?

[nextwife]

WAs he declaired the legal father by a default ruling or by hus signing an acknowlegdment of paternity?

[LScarbro]

Originally Posted by nextwife

WAs he declaired the legal father by a default ruling or by hus signing an acknowlegdment of paternity?

He was never declared the legal father. When the baby was born, the mother told him he was the father and he assumed she was telling him the truth. The mother decided to take him to court for child support when the child turned 15 and only then did he request a paternity test and discovered he was not the father. Therefore, the court determined he did not have to pay child support.

[nextwife]

Originally Posted by LScarbro

He was never declared the legal father. When the baby was born, the mother told him he was the father and he assumed she was telling him the truth. The mother decided to take him to court for child support when the child turned 15 and only then did he request a paternity test and discovered he was not the father. Therefore, the court determined he did not have to pay child support.

Then it vseems the court has established that he is not the legal father.

[nextwife]

Originally Posted by LScarbro

He was never declared the legal father. When the baby was born, the mother told him he was the father and he assumed she was telling him the truth. The mother decided to take him to court for child support when the child turned 15 and only then did he request a paternity test and discovered he was not the father. Therefore, the court determined he did not have to pay child support.

Then it seems the court has established that he is not the legal father.

[LScarbro]

Originally Posted by nextwife

Then it seems the court has established that he is not the legal father.

Yes, the court has established that he is not the legal father. My question is although he is not the legal father, can she still claim to be an heir to the estate because of the equitable adoption laws in NC?

[LdiJ]

Originally Posted by LScarbro

Yes, the court has established that he is not the legal father. My question is although he is not the legal father, can she still claim to be an heir to the estate because of the equitable adoption laws in NC?

You need to consult with a local attorney. It would seem unlikely since the question of paternity was dealth with when she was 15. If Equitable adoption would have applied it would also have applied when the child was 15.

However, if they always maintained a parent/child relationship, despite the fact that he was neither her biological nor legal father, that could perhaps factor in....which is why you need to consult a local attorney.

[Grace_Adler]

Out of all the research I've done, a child can only inherit through a biological or adoptive parent. Since he didn't adopt, and the court found he was not the biological parent then she couldn't inherit through him.

Hope that helps.

[nextwife]

However, if the decedant has a properly drafted and executed will, they are free to leave their probatable assets to whomever they wish. A child CAN inherit from the neighbor across the street, and mom and dad can leave their inheritance to the cat.

Even if this WERE his biological child, with a will, done properly, he is not obligated to leave an inheritance. I know of MANY situations, including my own, in which the entire estate went to the spouse of the deceased. This is perfectly legal.

[tigger22472]

Originally Posted by Grace_Adler

Out of all the research I've done, a child can only inherit through a biological or adoptive parent. Since he didn't adopt, and the court found he was not the biological parent then she couldn't inherit through him.

Hope that helps.

Grace...

I found this: [url]http://www.aoc.state.nc.us/www/public/sc/opinions/1997/308-96-1.htm[/url]

It's early... or late depending on how you look at it but just by skimming it, it does seem they recognize this in NC. I could be wrong though, which is why I am having you look at it...

[Grace_Adler]

Ok, well we all know if a will is left that you can leave an inheritance to the cat. But we also know that wills can be contested. The point I was trying to make is that, and sorry that I apparently wasn't clear enough, is that unless you are an adoptive parent or the biological parent, the child does not have the RIGHT to inherit, UNLESS a will is left for them to inherit something from someone. I was under the impression that the OP was asking if the child MUST inherit from someone who is not the biological parent or adoptive parent. If that's the case, then as far as I knew, no, the child can't inherit from someone that isn't their parent (biological or adoptive) unless a will is left. I didn't point out the will because I didn't see the point in bringing it up because I thought it was common knowledge. AND the OP said the person died WITHOUT a will, so for this particular case, I didn't see a need to bring that up. I hope that is more clear.

Thanks for the link Tig. I couldn't ever find any statutes for it, could be I wasn't looking in the right place. However, I see this is case law, which I detest. LOL The reason why is because it's not actual law. And it's been drilled into my head how lawyers just use it to argue their cases and if they bring it up, the judge has to consider it but they are not bound to follow it if they find a reason to deter from it. It's basically the judge's call on how it will affect their ruling depending on each particular case.

I see it says that it is not to replace the statutory requirements, nor is it to create a parent-child relationship. It is just used so a foster child may have the right to inherit from parents who contracted to adopt the child.. I assume that is prospective adoptive parents that were filing or had the adoption process going on to adopt so that the child can still inherit as if they are already an adoptive child. At least that's what I'm getting. Ok, so for the OP, there was never an adoption or a motion for one so looks like in this particular case, it wouldn't apply, if I'm understanding the situation correctly.

Oh wait, ok, I see, it lists the criteria for it and everything has to already be in motion as if the adoption were going through. There has to be clear understanding the the foster parents must be going through with the adoption process so the child may still inherit as if they were adopted. The foster parents must be contracting the adoption at the time and it has to be proven, etc.

Ok, so what I'm getting is the only way NC would allow a child to inherit (ABSENT A WILL OF COURSE) is if the child is adopted, or a biological child, and we now know that they will make an allowance for a foster child to adopt if it can be proven that the foster parents were contracting for the adoption and other criteria are met but it's not meant to replace the statutes. So, I'm gathering this is probably used if someone is trying to contest an inheritance or in probate court or whatever, so they can try to fight for it, or other situations like that.

IMHO, it doesn't seem, to me, like it would fit this case since the person died without a will and there was never any adoption set up and there wasn't an attempt made to start adoption. At least that is my take on it. Don't know if you may see something I'm overlooking, I'm pretty exhausted right now and not feeling so hot.

That's good information to know, thanks for the link!