Section 3.2 Burden of Proof

• Library: Adoption Law and Practice 2014 Supp

II. (§3.2) Burden of Proof

When a contract to adopt has actually been made and based on good consideration and when the contract has been fully performed by the person to be adopted but is not performed by the promisor during his or her lifetime, a court of equity in good conscience will declare specific performance against the promisor’s estate to the extent at least of making the adoptee an heir. Niehaus v. Madden, 155 S.W.2d 141 (Mo. 1941); Willey, 391 S.W.2d 301.

Hence, in a proper case, equity may...