Children are adopted for a variety of reasons, whether it is due to a couple’s inability to have children, a general disposition towards adopting, or by a family member when someone dies. Many people who are adopted view themselves as the children of their adopted parents, while some continue to communicate with their biological parents. For adoptive parents, there can be confusion around adoption and estate planning.
When a person (the deceased) dies, their estate is distributed according to their will if one has been filed. If there is no will, the estate goes through probate and is distributed according to intestate succession under state law. Intestate succession is the process that occurs when a death happens without the filing of a formal will, resulting in all assets of the deceased being granted to the next of kin as determined by state law.
If there is no valid will, the probate court is responsible for overseeing the distribution of the estate and determining who qualifies as an heir. Inheritance rights depend on the legal establishment of the parent-child relationship, which can be established through adoption or biological ties.
Under Ohio law, an adopted child is afforded the same legal rights to their adoptive parent’s inheritance and assets as any biological child. In the absence of estate planning documents, assets will be distributed according to state law.
What happens legally when the biological parent dies and a biological child seeks to inherit under his or her will, or the adopting parent dies without leaving a will for the adopted children?
Biological Parents
Once adopted, a child is viewed as the legitimate child of the adoptive parents and not the biological parents any longer. Adoption severs the legal relationship between the adopted child and their natural parent for inheritance purposes. This means that, in general, an adopted child has no right to their birth parent’s inheritance upon the birth parent’s death.
However, an exception exists if the birth parent is married to the adoptive parent (the child’s stepparent) at the time of death; in this case, the child may retain inheritance rights from the biological parent.
In Ohio, a biological parent must include an adopted child in their will for the child to inherit from them after the parent’s death. An exception applies if a child is adopted by a stepparent after the death of a biological parent; in this circumstance, the child may still inherit from the deceased biological parent.
Adoptive Parents
Upon adoption papers being signed, the adopted child is viewed in the eyes of the court as a legal child of the adoptive parents, which ends the relationship between the biological parents and the child.
In some states, adoption decrees outline a continuation of inheritance rights for the child from the biological parents, while others allow birth parents to inherit from their biological child, even if adopted by another family if the child dies before them.
In about one-third of the states, if the child is adopted by a stepparent after the parent dies, the adopted child can still inherit from their birth parent or another relative, keeping intact inheritance rights. Even if the adopted parent does have a will made prior to the adoption of the child, it is assumed that the adopted child is included in the class of gifts made to children, unless specifically stated otherwise.
Foster Children and Adoption
If you’re caring for foster children, you need to understand that these minors have been placed in your care due to circumstances such as neglect, abuse, or abandonment by their biological parents. While you may provide a safe and nurturing environment as a foster family, it’s crucial that you understand foster children don’t automatically gain the same legal rights as children you might legally adopt.
Under Ohio law, your foster children are not considered your legal children unless you complete a formal adoption process. This distinction becomes critical when it comes to inheritance, and you need to know how this affects your estate planning.
In normal circumstances, foster children can’t inherit from your estate unless you’ve legally adopted them. The legal relationship you establish through adoption is what grants a child the right to inherit from you, just as your biological child would.
If you haven’t legally adopted your foster child, they have no automatic claim to your assets or estate under Ohio’s intestate succession laws. However, you can still choose to leave assets to a foster child by specifically naming them in a valid will.
Without such provisions in place, your foster children won’t have inheritance rights, and your estate will pass according to state law, typically to your biological or legally adopted children, spouse, or other relatives.
If you’re considering adoption or currently involved in foster care, understanding these legal differences is essential for proper estate planning and ensuring that your wishes regarding inheritance are honored. If you have questions about the legal rights of foster children or the adoption process in Ohio, you should consult with an experienced attorney who can help you determine the best course of action for your family’s unique circumstances.
Concerned About Your Inheritance Rights?
Adoption changes the lives of many people, but it should not change your life again when you experience difficulties in estate planning.
If you or someone you know is having the legal status as a child of their adoptive family challenged, call the experienced legal team at Lawrence Law Office today at 614-228-3664 for a consultation or email us using our website or lawrence@lawrencelawoffice.com. We will help you get the results you deserve.
