Equitable Adoption: The Implications of Common Law Children on Estate Planning and the Need for Statutory Regulation in Texas

Abstract

Focuses on the need for an equitable adoption statute in Texas. First, the comment explains the concept of equitable adoption and the problem that has arisen through the Texas Supreme Court's application of the doctrine. Then, discusses the disparity between the Texas Supreme Court and the federal courts' rulings regarding equitable adoption, and will propose the need for legislation as a solution to clear up the inconsistency of court rulings on the matter. Then, proposes the necessary elements for an equitable adoption statute and provide an explanation of the importance of each element. Compares the proposed statute to current statutes about common law marriages. Finally, explores three rights of inheritance that an equitable adoption statute will create based upon the enactment of the proposed statute.