Is there a difference in inheritance between an adopted child and a biological child?
People will know and understand very well a biological child will inherit their parents’ properties and assets. Regardless of whether their parents have left behind a will indicating who gets what or not, biological children still can get their share regardless.
What if you are an adopted child? Will you enjoy the same rights as your biological siblings? Most people will either assume no or are unsure of the situation. It’s all right. Many people may not be sure what adopted kids will get when their adopted parents pass away.
In this article, we will try to answer as many questions as possible.
Do adopted kids have the same inheritance rights from their adoptive parents?
The quick answer is yes. Under adopted child inheritance laws, the adopted children share the same legal rights to their adoptive parents’ inheritance and assets. It’s pretty much the same thing as what biological children have.
There are no differences to who gets what and what rights there are between a biological child and an adopted child. Bothe adopted and biological children have the legal ability to inherit. They are considered as legal equals and neither have to worry about being unable to inherit from their parents, biological or not.
If your adoptive parents did not leave behind a will when they have passed away, the adopted child still can claim it as much as a biological child does. The adopted child can also challenge and contest the wills left behind if they wish or need to.
Can adopted children inherit assets from their biological parents?
Sometimes, an adopted child’s biological parents are still alive and well. The circumstances of the child being adopted by their non-biological parents is pretty much on its own.
Whether an adopted child can get their biological parents’ assets is very subjective. This is because an adopted child has already terminated their legal rights and relationship with their parents when they are adopted by non-biological parents (and vice versa). The legal rights and relationship have already been transferred to their adopted parents already.
However, if the adopted child’s biological parents wish to include them as beneficiaries in their wills, they can do it.
Biological parents will need to be very clear in their wills about how to contact you when they have passed away. That way their estate managers can reach out to you for your share of your biological parents’ assets. On the other hand, if they have passed away without leaving behind a will, you will not inherit anything from them. The same rule applies if you are not included in their wills.
Can an adopted child contest biological parents’ wills?
Although your legal rights and relationship to your biological parents have been terminated, you may not always be able to contest their wills. Let’s say your parents left behind a will and should not you as a beneficiary in it. You may quite likely be unable to contest it as you no longer have legal rights and relationships with them anymore.
You basically have no legal connection to them anymore. However, you can challenge your adoptive parents’ wills as you have a legal right and relationship to and with them. That is why you share the same rights as their adoptive children if they have any.
It all depends on your individual situation and personal relationship with your biological parents. If and when in doubt, feel free to consult your lawyers to see if you need to contest a birth parent’s will.
How do you protect the inheritance rights of adopted children?
Here’s the thing with adopted children and getting their inheritance from adopted parents: it can easily be contested by biological family members. In order to prevent any problems from arising, adoptive parents can hire a lawyer and legalize and validate the wills of their adopted child.
Include the adopted child’s updated contact information so they will be able to get their share of their inheritance. Maintain and update the will periodically so the adopted child will not lose out on their share of their inheritance.
Bottom Line
Adopted children do share the same rights as biological children when inheriting their share of their adopted parents’ assets. After all, there should be no problems with adopted kids getting a fair share of the pie too.
