Florida Probate Laws: Do adopted children inherit from their adoptive parents or their natural parents?

Uncategorized • Dec 19, 2017

Do adopted children inherit from their adoptive parents or their natural parents? When does a child’s right to inherit from their natural parent no longer exist? Do adopted children inherit from the parents that adopted them? What about foster children? If I am adopted, can I still inherit from my biological father? You should read Florida Statute 732.108.

Adoption and Inheritances:

Adoption is effective in both severing ties to the previous family and establishing the connection between the new family.
Florida does recognize the adoptions of other states.
Florida law treats married and unmarried fathers differently.
Adoption laws are not retroactive in other words the fact that the law in Texas requires notice to a father prior to an adoption does not mean that the requirement applies to adoptions prior to that law taking effect.
If you have a long term foster child they do not have the same rights as your biological children.
An adopted child has the same rights of inheritance through intestacy as a biological child.
Florida law only requires notice for fathers that have taken parental responsibility and most states have similar provisions.

732.108 Adopted persons and persons born out of wedlock.—

(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:

(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.

(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.

(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.

(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:

(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.

(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.