Can an Adopted Child Inherit from Biological Parents in California?

Adoption brings families together in beautiful and meaningful ways. However, it can also lead to questions about legal rights, especially when it comes to inheritance.

Many adoptive families and biological parents may wonder about the inheritance rights of an adopted child. This blog post addresses the questions of: can an adopted child inherit from their biological parents in California?

At Desert Law Group, we’ve been helping families in the Coachella Valley with estate planning since 2001, and we often hear questions like this. Let’s take a close look at how adoption affects inheritance rights in California.

The General Rule in California

In California, adoption changes a child’s legal status with their biological parents. Once an adoption is finalized, the legal parent-child relationship between the child and their biological parents is severed. What does this mean for inheritance?

• No automatic inheritance from biological parents: Adopted children no longer inherit automatically from their biological parents if the parents die without a will (known as dying “intestate”).
• Full inheritance rights from adoptive parents: Adopted children gain the same inheritance rights from their adoptive parents as if they were biologically related.

This principle ensures that adopted children are fully integrated into their adoptive family, legally and otherwise.

Exceptions to the Rule

While the general rule is straightforward, there are of course some exceptions in which adopted children can still inherit from their biological parents.

Stepparent Adoption

When a stepparent adopts a child, the child retains inheritance rights from both biological parents.

For example, suppose a child’s mother remarries, and the stepfather adopts the child. In that case, the child will still have legal inheritance rights from their biological father, as well as their mother and stepfather.

Adoption by a Relative

In cases where a child is adopted by a close relative—like a grandparent, aunt, or uncle—they may still inherit from their biological parents.

For instance, if a child’s grandparents adopt them, the legal bond to their biological parents often remains intact for inheritance purposes. This ensures the child remains legally connected to their extended family.

California’s Probate Code Section 6451 outlines specific conditions under which an adopted child can inherit from a biological parent. Let’s break it down:

Parent-Child Relationship:

If the adopted child and their biological parent lived together as parent and child at any time, inheritance rights may remain intact.

For example, a child lives with their biological father for several years before being adopted by a stepfather.

Parental Circumstances:

Consider a situation in which the biological parent was married to or living with the other biological parent when the child was conceived but passed away before the child was born. In that case, the child may retain inheritance rights.

For example, a mother remarries after the biological father dies, and the stepfather adopts the child. The child could still inherit from the deceased biological father.

Adoption by a Spouse or After Death:

If the adoption occurs by the spouse of a biological parent or after the death of a biological parent, inheritance rights may still apply.

Adult Adoption

Adult adoptions are less common but can also impact inheritance rights. These situations often involve unique circumstances, such as establishing legal family ties later in life.

If you’re considering an adult adoption, it’s best to consult an estate planning attorney to understand how this might affect inheritance.

The Role of Wills and Trusts

Inheritance laws can be complex, but a well-prepared estate plan can provide clarity and protection.

Wills and trusts allow parents—biological or adoptive—to outline their wishes and provide for their loved ones. Here’s how:

• They specifically name adopted children as beneficiaries: This ensures adoptive children inherit, even if they wouldn’t automatically under state law.
• They protect biological children’s inheritance rights: Biological parents can include adopted children in their wills or trusts to preserve their inheritance rights.
• They eliminate confusion: Clear and detailed estate planning documents can prevent disputes and ensure everyone understands your intentions.

Estate planning is about ensuring your family is cared for. Creating a comprehensive plan is essential whether you’re an adoptive parent or a biological parent.

Planning for Your Family’s Future in California? Contact Desert Law Group

Adoption can bring about questions and complexities when it comes to inheritance. Our team is committed to helping you create an estate plan that reflects your wishes and provides for your loved ones.

If you’re wondering about inheritance rights or want to ensure your family’s future is secure, we’re here to help. Contact us today at 760-239-5661 to schedule a consultation.

We’ll work with you to create a plan that gives you peace of mind and protects your family’s legacy.