Part 2 in a 2-Part Series
Last week, we began a series that celebrates National Adoption Month. Click here to read part one. This week, we conclude that series by discussing more facts about adoption law.
Additional Adoption Law Factors To Consider
Most people treat adopted children the same as biological ones. But in an estate plan, under certain circumstances, special considerations may be necessary.
Plan Before Adoption Finalization
- If your adoption is not yet final, but you love the child you intend to adopt and want to provide for him or her, you need to specifically name the child in your estate planning documents. Failure to do so may deny the child assets if you pass away before the adoption is final.
Think about step-parenting relative to adoption law.
- Stepparents who help raise a spouse’s child, but do not adopt the child, do not have legal ties to the child that would entitle the child to inherit from them. If the stepparent’s will or trust merely provides that “all the children” will receive an equal share, the stepchild will not receive anything. However, people who adopt stepchildren will discover that, under the law, biological children and adopted share rights, for inheritance purposes.
- The effects of a stepparent adoption on the stepchild’s right to inherit from the non-custodial birth parent vary by state. In most states, a stepparent who adopts a spouse’s child severes the non-custodial birth parent rights. In such cases, the child may lose inheritance from that birth parent. This happens unless the parent includes the child expressly in his or her will. In some states, however, a child’s adoption by a stepparent will not end the child’s legal right to inherit from the birth parent and—if the birth parent’s parental rights were never terminated—from other biological relatives.
Second-Parent Adoption Law
- Stepparent adoption is available in all 50 states to married couples, and in states that recognize a civil union or registered domestic partners. In some states, individuals who are part of a couple but not in a legally recognized relationship such as a marriage or civil union, including those in same-sex relationships, can adopt a child who is the biological or adopted child of their partner without terminating the parental rights of the “first” parent by using a second parent adoption under that state’s law. In stepparent adoptions, biological and adopted children benefit from identical treatment relative to estate planning.
Biological family
- If possible, alert members of the child’s biological family about the legal effects of the adoption. Do so to make sure they detail specific provisions for the child in their estate plan. That is, if they still want the child to inherit property or money from them.
Guarantee International Adoption Legality
- When adopting a child from another country, ensure that the state and other states recognize the adoption. Not all foreign adoptions finalize the child’s country of origin. So, finalize those adoptions in the United States. Some adoptions finalized in another country will not be recognized in other states.
Re-Adoption
- A review of the international adoption by a state court, this ensures that the adoption is not vulnerable to a challenge in a U.S. court if you move to a state that does not recognize foreign adoptions. This step ensures adopted child will legally inherit from you. As mentioned above, you should include the child in your will or trust to ensure that the child receives the economic benefits and protections you desire—not just those specified by state law.
Special Rules for Adult Adoptions
- Sometimes, people adopt an adult to formalize a special relationship or care for someone disabled. Certain adoptions can also establish inheritance rights, for example, in a situation in which a childless person’s share of the property in a trust created by his or her parents will go to a sibling or the sibling’s children if that person passes away without a child. The childless person could adopt a close friend so that his or her portion of the trust property will go to the friend instead of following the default path set out in the trust. State law varies regarding adult adoptions. Some states require voluntary consent of the adopted adult person. But others require further restrictions.
Celebrate Your New Arrival by Planning for the Future
Choosing to share your life with a child is a wonderful thing! Whether you have just adopted a child or adopted years ago, it is crucial to ensure that your estate planning documents indicate the money and property you would like your child to receive, when they should receive it, and indicate who you want to act as a caregiver for your child if something should happen to you. Please call us to set up an appointment so we can help you create an estate plan that best addresses your growing family’s unique needs.
About Skvarna Law Firm in Glendora and Upland, California
A skilled attorney can assist with your estate plan. Contact us today to learn about your options (909) 608-7671. We operate offices in Glendora and Upland, California. We provide legal services for individuals living in San Bernardino, Los Angeles, Orange and Riverside Counties. This includes the cities of Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Montclair, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
