Can a birth parent include an adopted child in a will?
Can a birth parent include an adopted child in a will?
The short answer is yes; it is possible for a parent to include an adopted child in their will. However, that doesn't mean there aren't certain rules and regulations you have to follow. Adoption is an incredibly complicated process, and state laws vary quite a bit in this regard. What's more, adoption is almost always a private matter—you don't need to go through the courts, so what happens between you and your family or your other loved ones can be as discreet as you like.
Briefly, however: Before you can legally include an adopted child in your will, it's necessary to go through the adoption process and obtain official documentation of the adoption. This isn't strictly required by all states, but if you have any doubts about the legality of an adoption later on, having these documents available will help you prove that the adoption was done correctly.
A majority of states allow adopted children to be named as beneficiaries of a parent's estate. This is the case regardless of whether the child is a biological child or an adopted child. The details vary by state, but generally, if you adopt a child and then die, that adopted child will be given the same inheritance rights as biological children. Some states make distinctions between post-adoption contact and pre-adoption contact—that is, how much contact the child has had with his or her adoptive parents before being officially adopted. But even in those states, it seems that a substantial amount of contact before adoption will be enough to qualify an adopted child for an inheritance, even if there was little to no contact after adoption.
If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More
Parklin Law - Estate Planning
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
40.605070, -112.027530
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
