Also known as:adopted child · adopted child's · adoptees
Written by attorneys · grounded in primary & secondary sources — see below
A class of individuals who have undergone formal adoption proceedings. This process creates a legal parent-child relationship between the adoptee and the adoptive parent that carries the same incidents as a biological relationship for purposes of succession and parental authority.
Sources & Authorities
How it applies
Common Examples
4
Adoption Establishes Succession Rights
Alice Atkins formally adopts her niece Angela Acosta after Angela's parents pass away. When Alice dies intestate, Angela claims the estate as Alice's child. The court recognizes the parent-child relationship created by the adoption and awards Angela the entire remainder.
Posthumous Children and Adoption
Adrian Aguilar and his wife Anika Anand arrange for adoption of frozen embryos after Adrian's death. The resulting child Ariana Azizi seeks social security benefits as Adrian's child. The court applies the parent-child rule to determine eligibility under state intestacy law.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Restatements
Course Outlines
Woodward v. Commissioner of Social Security760 N.E.2d 257, 270 (Mass.2002)
Twin Children After Father's Death
Amber Alonzo's husband dies before the birth of their twins conceived through assisted reproduction. Amber adopts the twins to secure their status. The children then claim benefits as the deceased father's children under federal law.
Astrue v. Capato ex rel. B.N.C.132 S. Ct. 2021 (2012)
Same-Sex Couple Adoption
Alliance Holdings employee Elena adopts Kaitlyn jointly with her partner Geraldine after the biological father's rights are terminated. Kaitlyn later needs medical decisions made for an injury. The court upholds the adoptive parents' exclusive authority based on the completed adoption.
Elisa B. v. Superior Court117 P.3d 660 (Cal. 2005)
Common questions
Frequently Asked
4
Does formal adoption create the same inheritance rights as biological parentage?+
Yes. A completed adoption establishes a parent-child relationship that treats the adoptee as the adoptive parent's child for intestate succession and class gifts.
Supporting sources
Can an adult adoption qualify a person as a child under a will or trust?+
It can when the adopting parent creates the class gift. Circumstances such as lack of co-residence may show a contrary intent in instruments created by non-adopting parents.
Supporting sources
How does a final adoption decree affect a biological parent's authority?+
A final decree granting full parental rights to adoptive parents and terminating the biological parent's rights confers exclusive decision-making authority on the adoptive parents.
Supporting sources
Are adopted children included in a limitation to heirs of the body?+
No. Traditional property rules exclude adopted children from the class of heirs of the body unless a statute or contrary intent appears in the instrument.
Supporting sources
117 P.3d 660 (Cal. 2005)Family Law
…by means of artificial insemination consented to adoption of the child by the mother’s lesbian partner. If both parents of an adopted child can be women, we see no reason why the twins in the present case cannot have two parents, both of whom are women. Having determined that our decision in Johnson does not preclude a child…