Do adopted children have the same inheritance rights as birth children?

If you were adopted, you may wonder what inheritance rights you have in relation to both your birth family and your adoptive family. Your position does not depend on whether you have remained in contact with either side, or on how close those ties are. It depends on the legal effect of the adoption itself.

How does adoption change your inheritance rights? 

Under section 67 of the Adoption and Children Act 2002, an adopted person is generally treated as the child of their adoptive parents rather than their birth parents. That status applies from the point where the new family relationship is established and continues after the age of eighteen. 

There is an exception where a child is adopted by the partner of one of their birth parents. In that situation, they can remain the legal child of that birth parent as well as becoming the child of the adoptive parent. This means the existing parent-child connection is preserved, so the child can still inherit through that side of the family. 

That legal relationship does not stop with the parents. It can also allow the individual to inherit from grandparents and other relatives in their adoptive family.

What can you inherit from your adoptive family? 

Inheriting under a will 
There are two ways an adopted person may inherit under a will: by being named as a beneficiary or by being included in a gift to a particular group or class of family members. 

The first is straightforward. If the will names the adoptee directly, they can receive the gift in the same way as any other named beneficiary. 

The second depends on whether they fall within the group described in the will. For example, an adoptive parent might leave all or part of their estate to “my children” without naming everyone individually. 

This can become less straightforward with an older will. For example, a grandparent may have made a will leaving assets to “my grandchildren”. Years later, a child is adopted into the family, but the grandparent never updates the will. The fact that the adoptee was not part of the family when the will was made does not automatically exclude them from the gift.  

Section 69 of the Adoption and Children Act 2002 deals with how these family descriptions are interpreted, although the wording of the particular will still matters. 

Inheriting when there is no will 
If someone dies without a valid will, the intestacy rules decide how the estate is shared. In these circumstances, an adopted person has the same inheritance rights as a birth child. They do not need to have been specifically provided for by the person who died; their entitlement comes from the intestacy rules themselves. 

The same status applies through the wider family, so an adopted person can also inherit from grandparents and other relatives where the intestacy rules give them an entitlement. 

How much they receive will depend on who else is eligible to inherit. A surviving spouse or civil partner, other children and relatives can all affect how the estate is distributed between heirs. 

Can an adopted child still inherit from their birth family?

Yes. A birth parent or another relative from that side of the family can still leave the child something in their will by naming them as a beneficiary. 

The position is different if a birth parent dies without a valid will. Where adoption has ended the parent-child relationship, they will not usually inherit from the estate under the intestacy rules. 

This can be difficult to understand when the personal relationship has continued as before. A daughter may have stayed close to her birth father throughout adulthood, seen him regularly and always thought of him as her father. If he leaves no will, however, that continuing bond does not give her the right to inherit from his estate as his child. 

There may still be a separate route under the Inheritance (Provision for Family and Dependants) Act 1975. Being the parent’s child would not be enough to bring a claim, but other circumstances may give the adoptee that right. For example, the birth parent may have been financially maintaining them immediately before their death. Staying in contact or remaining close would not be enough.

How are adopted children and stepchildren treated differently? 

In everyday family life, there may be little or no difference between an adopted child and a stepchild. They may grow up in the same home, be raised together and be treated as equally part of the family. The law still draws a distinction between them. 

However close the relationship, a stepchild only becomes the legal child of a stepparent through adoption. Without that, they do not automatically inherit from the stepparent’s estate in the way a biological or adopted child can. 

Our guide to inheritance rights for stepchildren explains the different rules that apply in more detail. 

Speak to our inheritance dispute solicitors 

If you are unsure what an adoption means with regard to an inheritance, particularly where a will is unclear or someone has been left out of an estate, getting legal advice can help you understand what rights or options may still be available. 

Our specialist contentious probate team has experience dealing with these types of cases and can give you straightforward advice based on your situation. Get in touch for a free claim assessment. 

Call Us Now – 0203 322 5103 

This blog provides general information only and should not be treated as formal legal advice.