Adoption and Inheritance – Who Loses Out and Who Wins?

A man had given his daughter up for adoption to his deceased spouse’s mother (the daughters maternal grandmother).  Because he gave her up for adoption, she lost her rights to inherit from her biological father.  And, the biological father was well off.  Since he passed without a Will or Trust in place, his estate will be divided up by law.  That is, first to surviving parents, then to surviving siblings.

This is a double-edged sword.  If you give a child up for adoption, then they lose their right to inherit from you under the law.  If you adopt a child, they lose the right to inherit from their biological parents.

Conversely, if you adopt a person, they gain the right to inherit from you as if they were your biological child.  That is, they get an equal share under law.

If you give up a child for adoption, but want them to inherit from you, you need to plan accordingly.  This includes writing them into your Will or Trust after they have been given up for adoption.  If you write the in before, you risk the statutes nullifying that part of your Will.

As adoptions were unknown to the common law, they are governed entirely by statute. (Ducharme v. Gregory, 2014, 435 S.W.3d 14, 2014 Ark. App. 268.)

Adoption statutes are to be strictly construed and applied. (A.C.A. §§ 9-9-212, 9-9-215,  9-9-216.  Tate v. Bennett, 2000, 20 S.W.3d 370, 341 Ark. 829.)

Adoptions were unknown to the common law, so they are enacted completely in the law of the state and controlled by the law of the state legislature.  Because there were unknown to the common law, the courts have ruled that the adoption statutes are to be adhered to very strictly.

In Arkansas, an adoption relieves the biological parent of all parental rights and responsibilities. (ACA § 9-9-215.) Furthermore, adoption destroys the child’s rights of inheritance from the parent or parents giving the child up for adoption.

ACA § 9-9-215

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state:

(1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance…

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from DeWitt Law Firm, PLLC