QUESTION
Do adopted children have any rights to birth parent's inheritance?
Asked on Oct 14th, 2013 on Estate Planning - Michigan
More details to this question:
My father did not know his son existed when he was put up for adoption so he was not involved in the adoption process at all. Will his biological son have any rights to my father's estate?
9 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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No, the adopted child will not inherit from the biological parent, unless the biological parent provides for them in their will.
Answered on Oct 15th, 2013 at 3:13 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your situation is not clear. Adopted children inherit the same way as biological children. It sounds like the child was adopted out, though? If a child has been adopted by someone else, then parental rights of the original parent may have been terminated. There is no way of knowing that without checking the probate file. It sounds like that child has now died as well. Is your father still living? If so, then he can plan his estate in a way that this will not be a problem. If he is no longer living, then there is a chance that the grandchild could be entitled to an inheritance. Lots of additional information would be needed. Was the paternity ever acknowledged or determined in any way?
Answered on Oct 15th, 2013 at 6:22 AM
A biological son may have a claim on a biological father's estate but a biological father who has terminated his parental rights has no claim to the estate of the biological child.
Answered on Oct 15th, 2013 at 6:22 AM
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No. Adoption forever terminates the legal relationship between parent and child and creates a legal parent-child relationship with the adoptive parents. The adopted child inherits from his adoptive parents the same as if he was born to them. He cannot inherit from his biological parents on the sole basis of being a biological child, however, the biological father can specifically write him into the will if he wishes, just as he can choose to leave his estate to someone to whom he is not related.
Answered on Oct 15th, 2013 at 6:21 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Adopted children by other persons, do not have any right to inherit from birth parents. Adoption legally cuts off children from birth parent, but can be provided for by will or trust of the birth parent.
Answered on Oct 15th, 2013 at 2:15 AM
No. All rights are severed by the adoption and the adopted person cannot inherit from the biological parent.
Answered on Oct 15th, 2013 at 2:14 AM
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It is rare that an adoption can take place without the father's consent. That said, unless the father "adopted the son" back, the adopted terminated the child's rights to inherit from his biological parents. That does not mean the father can provide for the son in a will or trust and the son can take that way.
Answered on Oct 15th, 2013 at 2:13 AM
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No, not unless he is included in the Will.
Answered on Oct 15th, 2013 at 2:13 AM
Probably not because the biological parents were terminated by the adoption, in which efforts to identify and notify the birth father were required. What do the adoption records disclose about the natural father?
Answered on Oct 15th, 2013 at 2:01 AM