National Endowment for Financial Education The Adoption Exchange
Child Welfare League of America Adoption Exchange Association Web Site
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Inheritance Issues

Issues of property distribution may arise when a birth parent or adoptive parent dies without making a valid will or without naming an heir to particular property. In these cases, state law determines who may inherit from whom. All 50 states specify an adopted child’s rights of inheritance from and through the adoptive and biological parents.

Generally, the court decree that finalizes the adoption ends the legal relationship between the biological parent and adopted child. In some states, there are exceptions.

The adopted child is treated by law as the natural child of the adopting parents, upon entry of the final adoption decree. The adopted child, therefore, gains the right to inherit from the adoptive parents and adoptive parents’ relatives. Adoptive parents also gain the right to inherit from their adopted child.
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