Do Adopted Children Inherit from Their Birth Parents?

From a legal standpoint, a legally adopted child is treated no differently than a person’s biological offspring. For example, say Mary has two children, George and Stephanie. George is Mary’s natural-born son, while Stephanie was adopted at birth. If Mary died without leaving a Will, under Florida intestate succession law both George and Stephanie would inherit from Mary’s estate equally. George receives no special treatment just because he was a biological child.

Florida Court Denies Mother Access to Son’s Adoption Records for Texas Probate

It is important to note that not every state is as strict as Florida in barring adopted children from inheriting from a natural parent. A recent decision from the Florida Third District Court of Appeal, Janik v. In Re: The Adoption of M.D.J., illustrated just such a case. This particular dispute involved an attempt to access Florida adoption records, as they were relevant to an ongoing Texas probate matter.

The petitioner in this case adopted a child while living with her now-deceased husband in Florida. The adoption took place in 1967. The child’s birth mother later died while living in Texas. She did not leave a Will.

The now-adult child knew of his birth mother’s identity. And under Texas law, an adopted child can still inherit from a birth parent unless there is a specific judicial decree removing the child’s inheritance rights.

Of course, the adopted child must still prove the existence of their relationship with the birth mother. Which is why the petitioner here sought to unseal her son’s confidential adoption records. A Florida trial court denied the petition, however, and on appeal the Third District affirmed. The appellate court explained that Florida law required the petitioner to first obtain a recommendation from the Florida Department of Children and Families regarding the “advisability” of disclosing the requested adoption records. Here, the petitioner not only failed to obtain such a recommendation; she failed to even notify the Department of her petition. As such, she was not granted access to her son’s Florida adoption records.

Contact a Pompano Beach No Will Lawyer Today

Intestate succession often leads to litigation over who is–and is not–a legitimate heir of the deceased. If you are involved in such a dispute and need legal representation from a qualified Pompano Beach no will lawyer, contact Mark R. Manceri, P.A., today to schedule a consultation.

Sources:

flsenate.gov/Laws/Statutes/2024/0732.108

3dca.flcourts.gov/content/download/2439030/opinion/Opinion_2023-1680.pdf