Also known as: adopted children · adoptee
Written by attorneys · grounded in primary & secondary sources — see below
A child who has become the son or daughter of a parent or parents by virtue of legal or equitable adoption. The resulting parent-child relationship carries the same incidents as a biological relationship for purposes such as inheritance and class gifts unless the governing instrument or statute provides otherwise.
Angela Acosta signed a pre-birth consent form in a break room designating an adoptive parent for her expected child. After delivery she promptly petitioned the court to withdraw the consent before any decree was entered. The court permitted withdrawal because the statute prohibits irrevocable pre-birth consent and requires written notarized consent given at or after the prescribed time.
Charlie formally adopted Kirk years before his death. After Charlie died intestate as to certain assets Kirk petitioned for distribution as the sole heir. The court recognized Kirk as Charlie's child under the parent-child relationship created by adoption and awarded the assets to Kirk.
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Twins conceived after their father's death through assisted reproduction sought survivor benefits. The agency required proof that the children could inherit from the deceased under state intestacy law. The court held that the twins qualified as children of the deceased wage earner once the state law parent-child relationship was established.
A widow sought Social Security benefits for children conceived after her husband's death. The commissioner denied benefits because state intestacy law did not recognize the children as heirs. The court examined whether the children would be treated as the husband's natural children under state law governing adopted and posthumously conceived offspring.
Twins born to a same-sex couple through assisted reproduction were raised by both women. One partner sought to establish parentage after separation. The court held that both women could be legal parents because the adoption statutes and parentage rules permit a child to have two parents of the same sex when a parent-child relationship exists.
Yes. A parent-child relationship exists between an adoptee and the adoptive parent, so the adoptee takes as a child in intestate succession.
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Yes. Adoption consent statutes prohibit irrevocable pre-birth consent. Consent must be given at or after the statutory time, usually in writing and notarized, and may be withdrawn before the decree if in the child's best interest.
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Yes. When the class gift is created by the adopting parent, the adopted child is treated as a child of that parent regardless of the adoptee's age at adoption.
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No. The phrase heirs of the body refers to lineal descendants by blood or lawful adoption, but an adopted child is excluded from that class unless the instrument or jurisdiction expressly includes adoptees.
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…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…