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Johnson v. Johnson9/14/2000
e, have mutuality of obligations and remedies, and be founded upon consideration." Id. "The agreement must consist of a present promise to adopt, as opposed to a mere desire or intention to adopt in the future." Id. Finally, the facts suggested by the majority must be reviewed by the district court with due consideration that any such conduct would be as "consistent with the normal stepparent-stepchild relationship as it was with the contract to adopt" and nothing can be left to conjecture. Otero, 965 P.2d 354, 362 (N.M. Ct. App. 1998) (citing Jan Ellen Rein, Relatives by Blood Adoption, and Association: Who Should Get What and Why, 37 Vand. L. Rev. 711, 781-82 (1984)).
X.
[ ] Because the majority remands for a factual determination suggesting that there was an equitable adoption and that Antonyio Johnson is the equitably adoptive father of Jessica Clayton, it apparently follows that Antonyio Johnson may now petition for custody and child support himself.
XI.
[ ] I would affirm the trial court's reasoned decision on the issue of equitable adoption.
[ ]Dale V. Sandstrom
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