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Virtual Adoption Requires Intestacy

July 15, 2015

Authors

Luke Lantta

Virtual Adoption Requires Intestacy

July 15, 2015

by: Luke Lantta

For the second time this year, the Georgia Supreme Court has addressed the equitable doctrine of virtual adoption.  Here’s how we previously described the doctrine:

In a virtual adoption, the ‘adopting parent’ orally agrees to adopt the child of another as his or her own without actually legally adopting the child and all parties act on the oral agreement to adopt.   Virtual adoption is not legal or statutory adoption.  It is an equitable remedy that is applied only upon the death of the ‘adopting parent’ to avoid an unfair result to the ‘adopted child’ by the application of intestacy laws.

In Johnson v. Rogers, the Georgia Supreme Court reaffirmed that this equitable doctrine can only be applied where the ‘adoptive parent’ dies Read More

Can A Virtual Adoption Be Undone?

April 23, 2015

Authors

Luke Lantta

Can A Virtual Adoption Be Undone?

April 23, 2015

by: Luke Lantta

The inheritance rights of adopted children have a long, complex history in many jurisdictions.  In Georgia, add into the adoption equation the equitable doctrine of “virtual adoption.”  In a virtual adoption, the ‘adopting parent’ orally agrees to adopt the child of another as his or her own without actually legally adopting the child and all parties act on the oral agreement to adopt.   Virtual adoption is not legal or statutory adoption.  It is an equitable remedy that is applied only upon the death of the ‘adopting parent’ to avoid an unfair result to the ‘adopted child’ by the application of intestacy laws.

As might be expected, these virtual adoption situations are very fact specific.  There must be evidence of an actual oral agreement to adopt and evidence that all the parties acted on that agreement.  The people

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