Also known as: adopted child · adopted child's · adoptees
Written by attorneys — see sources 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.
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.
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.
In January 1993, Lauren Woodward and her husband Warren Woodward, who had been married for approximately three and one-half years and remained childless, learned that Warren had leukemia. The couple arranged for a quantity of Warren's semen to be medically withdrawn and preserved through a process known as sperm banking before he began treatment. Warren underwent an unsuccessful bone marrow transplant and died in October 1993, after which Lauren was appointed administratrix of his estate. In October 1995, Lauren gave birth to twin girls who had been conceived through artificial insemination using Warren's preserved semen. In January 1996, she applied to the Social Security Administration for child's insurance benefits under 42 U.S.C. § 402(d)(1) and mother's benefits under 42 U.S.C. § 402(g)(1). The SSA denied the claims on the ground that the twins were not the husband's children within the meaning of the Act. In February 1996, while pursuing appeals from the SSA denial, Lauren filed a complaint for correction of birth record in the Probate and Family Court against the clerk of the city of Beverly, seeking to add Warren as the father on the twins' birth certificates. In October 1996, a Probate Court judge entered a judgment of paternity based on stipulations of voluntary acknowledgment of parentage and ordered the birth certificates amended to declare Warren the children's father. An administrative law judge conducted a de novo hearing. The judge concluded that the children did not qualify for benefits because they were not entitled to inherit from Warren under Massachusetts intestacy and paternity laws. The SSA appeals council affirmed that decision. Lauren appealed to the United States District Court for the District of Massachusetts. The court certified the question regarding the inheritance rights of posthumously conceived children under Massachusetts intestacy law to the Supreme Judicial Court because the parties agreed that a determination under state law was dispositive and no directly applicable precedent existed.
View caseAmber 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.
Karen Capato married Robert Capato in May 1999. Shortly thereafter, Robert was diagnosed with esophageal cancer and was told that the chemotherapy he required might render him sterile. Because the couple wanted children, Robert deposited his semen in a sperm bank before undergoing chemotherapy. Despite Robert's treatment, Karen conceived naturally and gave birth to a son in August 2001. Robert's health deteriorated in late 2001, and he died in Florida in March 2002. His will, executed in Florida, named as beneficiaries the son born of his marriage to Karen and two children from a previous marriage, but made no provision for children conceived after his death. Shortly after Robert's death, Karen began in vitro fertilization using her husband's frozen sperm. She conceived in January 2003 and gave birth to twins in September 2003, eighteen months after Robert's death. Karen Capato claimed survivors insurance benefits on behalf of the twins. The Social Security Administration denied her application. The U.S. District Court for the District of New Jersey affirmed the agency's decision. The court determined that the twins would qualify for benefits only if they could inherit from the deceased wage earner under Florida intestacy law. Under Florida law, a child born posthumously may inherit only if conceived during the decedent's lifetime. The Court of Appeals for the Third Circuit reversed. It concluded that the undisputed biological children of a deceased wage earner and his widow qualify for survivors benefits without regard to state intestacy law. Courts of Appeals had divided on the question, with some circuits reaching conflicting results. The Supreme Court granted certiorari to resolve the conflict.
View caseAlliance 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. and Emily B. entered into a lesbian relationship in 1993 and began living together six months later. They introduced each other to friends as their partner, exchanged rings, opened a joint bank account, and believed they were in a committed relationship. They discussed having children and decided that they both wished to give birth, with Emily as the stay-at-home mother and Elisa as the primary breadwinner because Elisa earned more than twice as much money as Emily. They chose a donor at a sperm bank so the children would be biological brothers and sisters. Elisa became pregnant in February 1997 and gave birth to Chance in November 1997. Emily began the insemination process in June of 1997 and became pregnant in August 1997, giving birth prematurely in March 1998 to twins Ry and Kaia. Ry had medical problems including Down’s syndrome and required heart surgery. Elisa was present when Emily was inseminated and picked up additional sperm to inseminate Emily at their home. They jointly selected the children’s names, joining their surnames with a hyphen. They each breast-fed all of the children. Elisa claimed all three children as her dependents on her tax returns and obtained a life insurance policy on herself naming Emily as the beneficiary. Elisa’s parents referred to the twins as their grandchildren, and her sister referred to Elisa as the twins’ mother. Elisa treated all of the children as hers and told a prospective employer that she had triplets. Elisa and Emily identified themselves as coparents of Ry at an organization arranging care for his Down’s syndrome. Elisa and Emily separated in November 1999. Elisa promised to support Emily and the twins as much as she possibly could and initially paid the mortgage payments of approximately $1,500 per month on the house in which Emily and the twins continued to live, as well as other expenses. When they sold the house and Emily and the twins moved into an apartment in November 2000, Elisa paid Emily $1,000 a month. In early 2001, Elisa stated she lost her position as a full-time employee and told Emily she no longer could support her and the twins. At the time of trial, Elisa was earning $95,000 a year. Emily applied for aid. On June 7, 2001, the El Dorado County District Attorney filed a complaint in superior court to establish that Elisa B. is a parent of two-year-old twins Kaia B. and Ry B., who were born to Emily B., and to order Elisa to pay child support. After a hearing, the superior court rendered a written decision on July 11, 2002, ordering Elisa to pay child support in the amount of $907.50 per child for a total of $1815 per month. Elisa petitioned the Court of Appeal for a writ of mandate, and the court directed the superior court to vacate its order and dismiss the action. The Supreme Court granted review.
View caseYes. A completed adoption establishes a parent-child relationship that treats the adoptee as the adoptive parent's child for intestate succession and class gifts.
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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.
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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.
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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.
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