[WSBAPT] cross border "adoption" question

[Lenard Wittlake]

Greetings,

 

Similar to a recent discussion, but different:

 

A baby is born in foreign country.  Grandparents obtain birth certificate in
foreign country listing their names as parents of the grandchild.  Then
grandparents and grandchild, still an infant, move to Washington, mother
remains in foreign country. Grandparents & grandchild become US citizens.
Grandparents raise grandchild, then die intestate.  Some foreign heirs and
some heirs in Washington. It appears that grandchild always knew the
familial status, but now claims to be adopted.  Family members do not
dispute the facts, so far, except whether it was a legal adoption.

 

Is grandchild legally adopted and an heir?  Depends on foreign country law
doesn't it?  Does grandchild have to prove anything other than show the
birth certificate?  Does the birth certificate shift the burden of proof?
Merely raising the child does not appear to create a parent-child
relationship under RCW 26.26A.100.

 

If we cannot reach an agreement, who wins - the grandchild or the heirs who
do not want grandchild included?

 

Thank you,

 

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

www.lwattorney.com

Lenard at wittlakelaw.com

 

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