In re Parentage of Scarlett Z.-D.
2014 IL App (2d) 120266-B
Ill. App. Ct.2014Background
- Jim sought a declaration of parentage, custody, visitation, and child support for Scarlett Z.-D., adopted daughter of Maria.
- Scarlett was adopted in Slovakia; Jim was not a Slovakian national nor married to Maria, so he could not adopt under Slovakian law.
- Maria and Jim lived as a family with Scarlett, but they never married and Illinois recognition of the adoption never occurred.
- In 2009, Maria moved Scarlett into her custody; Jim’s standing to sue was challenged under the Dissolution Act and the Parentage Act.
- Trial court dismissed counts III–VI (contract claims) and denied standing for counts I–II; appellate court initially affirmed, then ordered remand after DeHart’s equitable adoption doctrine.
- Supreme Court’s supervisory order directed reconsideration in light of DeHart; court remanded for factual findings on equitable adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jim has standing to sue for custody and support | Jim contends equitable parent standing applies. | Maria argues lack of statutory standing under Dissolution/Parentage Acts. | Jim lacks standing; remand on equitable adoption potential |
| Whether equitable estoppel can create standing for Jim | Jim asserts Maria’s conduct estops her from contesting standing. | Maria maintains no misrepresentation to justify estoppel. | Equitable estoppel not satisfied; no standing created |
| Whether equitable adoption under DeHart may confer standing on remand | DeHart supports equitable adoption; Jim could be a standing claimant if proven. | DeHart narrowing limits adoption-related standing; not guaranteed. | Remand to explore equitable adoption; possible standing if proven |
| Whether counts III–VI (contract claims) were properly dismissed | Contract theories could yield custody/support relief independent of parentage standing. | Without standing, contract claims are improper and would circumvent statutes. | Counts III–VI affirmed as properly dismissed |
Key Cases Cited
- In re R.L.S., 218 Ill. 2d 428 (2006) (standing threshold to protect natural parents' rights)
- M.J., 203 Ill. 2d 526 (2003) (artificial insemination context; limits on nonparent standing and support)
- T.P.S., 2012 IL App (5th) 120176 (2012) (artificial insemination cases; limits on equitable parent theories)
- Mancine, 2014 IL App (1st) 111138-B (2014) (equitable adoption; limits on applicability to custody; split with DeHart)
- DeHart, 2013 IL 114137 (2013) (recognizes equitable adoption with narrow, clear standards; not clear adoption of equitable parent)
- In re A.L., 2012 IL App (2d) 110992 (2012) (parent/child relationships; succession of duties)
- Koelle v. Zwiren, 284 Ill. App. 3d 778 (1996) (nonparent custody considerations; longstanding limited standing)