Legal Definitions - equitable-parent doctrine

The equitable-parent doctrine is a principle in family law that allows a spouse who is not the biological parent of a child born or conceived during the marriage to be considered the child's natural father or mother in a divorce action. This is possible if certain conditions are met:

• The other spouse and the child both acknowledge a parent-child relationship, especially if the other spouse has helped develop this relationship before the divorce action.
• The non-biologically related spouse wants parental rights.
• The non-biologically related spouse is willing to take on the responsibility of paying support.

It is important to note that very few jurisdictions apply this doctrine, and it may also apply to non-spousal partners.

For example, if a married couple adopts a child, and one spouse is not the biological parent, but has helped raise the child and wants to continue to have parental rights after a divorce, the equitable-parent doctrine may apply. The non-biological parent would need to show that they have a parent-child relationship with the child and are willing to pay support.