In re Parentage of Scarlett Z.-D.

In 1999, Maria and Jim began living together. During a 2003 trip to Slovakia to visit family, Maria met Scarlett, an orphan born in 1999. Under Slovakian law, Jim was not permitted to adopt Scarlett because he was neither a Slovakian national nor married to Maria. Maria commenced the year-long adoption process and lived in Slovakia during that time. Jim financially supported the process, traveled there five times, and participated in a psychological evaluation. In 2004, Maria adopted Scarlett under Slovakian law, and the three returned to Elmhurst, Illinois. Scarlett used the hyphenated form of their last names. Scarlett referred to Jim as “daddy.” Jim’s name appears in Scarlett’s school records as Scarlett’s father. Jim paid all family expenses; he established a $500,000 irrevocable trust for Scarlett. In 2008, Maria moved out of Jim’s home, taking Scarlett. Jim sought a declaration of parental rights. Jim also alleged common law contract claims. The circuit court dismissed Jim’s common law claims and concluded that Jim lacked standing and was not subject to paying child support. The appellate court reversed, holding that the equitable adoption doctrine might present a potentially viable theory of standing , but affirmed the dismissal of Jim’s contract claims. The Illinois Supreme Court held that the doctrine of equitable adoption, previously recognized in a will contest, does not apply to child custody proceedings. View "In re Parentage of Scarlett Z.-D." on Justia Law