In equitable adoption, there is close relationship like that of parent and child by and between the concerned child and an unrelated adult, who has on promise or agreement to adopt the child has taken him into his physical custody and care but without any formal or official court order for adoption. Equitable adoption is also known as "constructive adoption" or "putative adoption".
In equitable adoption, the parent is liable to support the child and may be ordered by the Court to pay for child support, when the child no longer lives together.
In most cases of equitable adoption, the child is too small or young to have any choice or say in the matter of adoption.
For instance, an adult could take a baby home and take care of the child as parent for many years, without ever going to the Court to formalize this arrangement. In such a case, there is no Court order declaring that the rights and obligations of the natural parents have been terminated or that the adoptive parents have assumed those obligations and rights in respect of the concerned child. In the circumstances, the principles of equity hold, as if, the adoptive parents have formally adopted the child.
The doctrine of equitable adoption is used as a basis for establishing the rights of inheritance of the adoption child. Occasionally, it is also used as a basis for obtaining the custody of the child.
The connected principle of "adoption by estoppels" is invoked, where the adoptive parent or his successors or heirs try to dispute or disown the adoption. Under the doctrine of adoption by estoppels, the adoptive parent is "estopped" or prevented from denying the parentage by adoption by estoppels. It is recourse available to the child to claim the benefit of adoption.
In case where the adoptive parent of equitable adoption dies without leaving behind any Will, the adoption child can claim proportionate share of the estate of the deceased. However, where the adoptive parent dies leaving behind a Will without bequeathing any property to the adoption child, the deprived adoptee is still entitled to institute a petition for a part of the estate of the deceased parent.
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