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A claim for equitable adoption is defeated by the fact that the person who consented to the adoption was not a person designated by law as one having the authority to consent. Many would disagree with that position. A contract to adopt may not be specifically enforced unless the contract was entered by a person with the legal authority to consent to the adoption of the child. If there is a defect in the contract equitable adoption cannot occur. 


In Crawford v. Wilson, 139 Ga. 654, 658 (78 SE 30) (1913), the doctrine of equitable or virtual adoption was recognized for the first time in Georgia. Relying on the equitable principle that 'equity considers that done which ought to have been done,' id. at 659; see O.C.G.A. § 23-1-8, the court held that an agreement to adopt a child, so as to constitute the child an heir at law on the death of the person adopting, performed on the part of the child, is enforceable upon the death of the person adopting the child as to property which is undisposed of by will. Id. The court held that although the death of the adopting parents ...

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