11:44
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Simple English definitions for legal terms
adoption by estoppel
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A quick definition of adoption by estoppel:
Adoption by estoppel is when someone promises or acts like they are the parent of a child, and they cannot later deny that they are the parent. This is an equitable way of creating a parent-child relationship without going through the legal process of adoption. It is like saying that someone is your parent because they have acted like your parent for a long time. It is important to remember that this is not the same as legal adoption, which is when a court makes someone the legal parent of a child who is not their biological child.
A more thorough explanation:
Adoption by estoppel is a legal concept that refers to the creation of a parent-child relationship between two parties who are not related by blood or adoption. This relationship is established by a promise or action made by the person who is not the biological or adoptive parent, which precludes them from denying the adopted status of the child.
For example, if a man promises to take care of a child and acts as if he is the child's father, he may be considered to have adopted the child by estoppel. Even if the man is not the child's biological or adoptive father, he may be held responsible for the child's welfare and support.
Another example is when a grandparent takes care of a child and acts as if they are the child's parent. If the grandparent later tries to deny the adopted status of the child, they may be estopped from doing so because of their actions and promises.
These examples illustrate how adoption by estoppel can create a legal parent-child relationship even when there is no biological or adoptive connection between the parties involved.