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Johnson v. Johnson9/14/2000
d marital home, and to include the child as part of the family unit. Id. A month after the child's birth, the husband had his name recorded as father on the child's birth certificate. Id. at 769. The father "treated the infant girl `in all matters as though she were his natural child.'" Id.
[ ] The court, referring to these facts, stated, "but such conduct is not tantamount to adoption." Id. The court continued:
Adoption is a creature of statute, and the legal requirements and procedures incident thereto are fully set forth therein. Formal adoption procedures are for the benefit of the child, and they cannot be circumvented or substituted by other procedures. No matter what the beliefs of the parties may have been, appellee did not, by taking the child into the family circle, effect an adoption of her, thereby imposing upon him the attendant continuing obligation of support and entitling the child to certain other legal rights. Any theory of adoption is based upon the proposition that the child is wanted for its own sake, and not upon the proposition that it is accepted incidentally as a result of marriage to the mother. (Citations omitted). Id.
The court found the doctrine of equitable estoppel did not apply. Id.
[ ] The court further discussed the application of in loco parentis, stating it means one who places himself in the position of assuming parental status and discharging parental duties. Id. at 770. The court stated the father did stand in loco parentis to the child and had a duty to support the child. Id. However, the court found that status "may be abrogated by him at any time." Id. (citations omitted). Once divorced, and "the child is no longer under the stepfather's care, his duty of support terminates in the absence of a showing that he intends to continue as one in loco parentis." Id.
[ ] The Fuller analysis is applicable here. The district court found Antonyio Johnson had assumed parental obligations and discharged parental duties. Antonyio Johnson was effectively in loco parentis. However, upon the Johnson's divorce , absent a showing that Antonyio Johnson intended to continue in loco parentis, his duty ceased. As noted, this conclusion is supported by the public policy of our statutes. N.D.C.C. § 14-09-09.
B.
[ ] The doctrine of equitable adoption, or virtual adoption, has been limited to inheritance cases in Georgia. Dep't of Human Resources v. Tabb, 472 S.E.2d 540, 541 (Ga. App. 1996). The court held that when a stepfather sought and obtained consent for adoption from the natural father and later abandoned the adoption attempt, the natural father was not discharged from his support obligation. Id. The court specifically found that equitable adoption "is not applicable to a dispute as to who is legally responsible for the support of minor children." Id. (citing Ellison v. Thompson, 240 Ga. 594, 596, 242 S.E.2d 95 (1978)).
[ ] We too previously held that attempts to contract away parental obligations are without effect. Hobus v. Hobus, 540 N.W.2d 158, 161 (N.D. 1995). In fact, we reiterated that parents "who attempt to alter their parental responsibilities may be subject to criminal sanctions. `No parent may assign or otherwise transfer his rights or duties with respect to the care and custody of his child. Any such transfer or assignment, written or otherwise, is void.'" Id. (citing N.D.C.C. § 14-10-05); see also id. (such action constitutes a class A misdemeanor).
C.
[ ] In Otero v. City of Albuquerque, 965 P.2d 354 (N.M. Ct. App. 1998), the court stated it has recognized equitable adoption but "only when strict requirements have been satisfied." Id. at 357. The co
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