Written by attorneys · grounded in primary & secondary sources — see below
An individual who acquires parental status through a judicial decree of adoption. The decree creates a parent-child relationship that confers the same legal rights and duties as those held by a biological parent.
Sources & Authorities
How it applies
Common Examples
6
Class Gift Under Will
Alexis Archer executes a will leaving her estate to her children in equal shares. After adopting Anika Anand as an adult, Alexis dies. Anika claims a share as one of Alexis's children. The court includes Anika in the class because the will was created by the adopting parent.
Intestate Succession Claim
Albert Allen formally adopts Andre Antoine. When Albert dies without a will, Andre petitions for a share of the estate as Albert's child. The probate court recognizes Andre as an heir because the adoption established a parent-child relationship.
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Uniform Acts
Common Law
Restatements
Dictionaries
Anchor Bank employees refer a birth mother to a licensed agency. The agency takes custody of the newborn and selects Alexandra Armstrong as the adoptive parent after screening. The court finalizes the adoption because the agency performed the required intermediary functions.
Direct Contract Challenge
Alan Ackerman and a birth mother sign a placement agreement without agency involvement in a state that prohibits unlicensed intermediaries. Field Securities later takes custody and selects the adoptive family. The court invalidates the placement because the initial private matching violated the licensing rule.
Consent and Finality
A birth mother designates an adoptive parent in pre-birth paperwork. After birth she seeks to withdraw consent before any decree. The court denies the adoption because the pre-birth consent fails to meet statutory timing and formality requirements.
Estate Administration Dispute
An adoptive mother petitions to administer her deceased son's estate. The father also petitions. The court appoints the adoptive mother because her legal parent status under the adoption decree gives her priority over the separated biological father.
Common questions
Frequently Asked
4
Does an adoptive parent receive the same inheritance rights as a biological parent?+
Yes. Once a court enters a final adoption decree, the adoptive parent and child hold the same parent-child relationship for purposes of intestate succession and class gifts as biological parents and children.
Can a licensed agency serve as intermediary in every state?+
Yes. Every state permits licensed adoption agencies to act as intermediaries. The agency takes legal custody of the child and selects the adoptive family after screening.
Is an independent adoption valid when unlicensed persons arrange the placement?+
No. In states that prohibit unlicensed intermediaries, any matching, negotiation, or drafting performed by unlicensed parties before a licensed agency assumes custody renders the placement invalid.
Does a final adoption decree prevent a biological parent from later asserting rights?+
Yes. A final decree entered after notice and hearing terminates the biological parent's rights and confers exclusive authority on the adoptive parents.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…in the support of that child, even in instances where the father has offered to pay for an abortion and that the law permits adoptive parents to pay costs of prenatal care, childbirth and neonatal care. "(2) Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at…