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Johnson v. Johnson9/14/2000
visions of the UPA do not address.
[ ] We acknowledge the UPA contains sections which, at first glance and read alone, would appear to relate to the case at bar. Section 14-17-01, N.D.C.C., defines a "parent and child relationship" as one between a child and her natural or adoptive parents "incident to which the law confers or imposes rights, privileges, duties, and obligations." Section 14-17-03, N.D.C.C., states such a relationship may be established between a child and an adoptive parent "by proof of adoption under the Revised Uniform Adoption Act." We determine these provisions do not apply to the circumstances of this case.
[ ] There is no evidence in the comments of the UPA's drafters or in our legislative history indicating these provisions were intended to apply to the circumstances contemplated by the doctrine of equitable adoption. Further, the comments of the UPA's drafters state the act was intended to be "one interlocking and interdependent piece of legislation," which would "not lend itself to being enacted in part." 9B Uniform Laws Annotated, UPA Prefatory Note at 289. Thus, each part of the UPA should be read in context with the others, in order to effectuate its purpose. As we explained above, the purpose of the UPA, determining who is to be considered a child's natural parents, is not implicated in this case because Jessica's natural parentage is not disputed. The UPA's policies and purpose simply do not apply in this kind of case; thus, those provisions do not dispose of our doctrine of equitable adoption. Finally, our decision in Geiger is relevant to our determination the UPA does not apply here. We decided Geiger in 1978, three years after our legislature enacted the UPA. 271 N.W.2d 570. We did not conclude the, then recently enacted, UPA did away with our long-standing doctrine of equitable adoption. Further, while we stated a contract to adopt did not, "in and of itself" establish a parent-child relationship, we did not hold such a relationship could only be established by compliance with the terms of the UPA. Id. at 573. Thus, we conclude the UPA does not bar us from applying the doctrine of equitable adoption in the context of a child support obligation.
[ ] Third, we conclude the circumstances in the case presently before us are not those contemplated by N.D.C.C. § 14-09-09, which governs the liability of a stepparent for support of a stepchild, and therefore, that the statute does not preclude the imposition of a child support obligation in this case. Under that section, a stepparent is not liable for the support of her spouse's dependent child "unless the child is received into the stepparent's family." If a stepparent receives a child into the family, "the stepparent is liable, to the extent of the stepparent's ability, to support [the child] during the marriage and so long thereafter as [the child] remain in the stepparent's family."
[ ] We have stated that a "stepparent naturally takes on a family relationship with children of a spouse." Hedstrom v. Berg, 421 N.W.2d 488, 489 (N.D. 1988). We believe a relationship of love, affection, kindness and generosity between stepparent and stepchild is in a stepchild's best interests. It would be contrary to our state's public policy to undermine the development of such relationships by encumbering a normal stepparent-stepchild relationship with the threat of child support obligations which go beyond that required by N.D.C.C. § 14-09-09. Stepparents in this state might refrain from taking their spouses' children into their homes, for fear that their kindness could result in the accrual of a burdensome obligation. We recognize, given the increased prevalence of blended families in our society, such a
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