Intestate Inheritance Rights for Adopted Children - Florida

Date:

Birth Parents in Relation to Adopted Person

Citation: Ann. Stat. § 63.172

A judgment of adoption relieves the birth parents of the adopted person, except a birth parent who is the petitioner or married to the petitioner, of all parental rights and responsibilities. It terminates all legal relationships between the adopted person and the adopted person's relatives, except that rights of inheritance shall be as provided in the Florida Probate Code.

If one or both parents of a child die without the relationship of parent and child having been previously terminated and a spouse of the living parent or a close relative of the child adopts the child, the child's right of inheritance from or through the deceased parent is unaffected by the adoption. A close relative of a child is the child's brother, sister, grandparent, aunt, or uncle.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Stat. §§ 732.108; 732.302; 736.1102

For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent's family. He or she is not a descendant of his or her birth parents, nor is he or she one of the kindred of any member of the birth parent's family or any prior adoptive parent's family, except that:

  • Adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and the birth parent or the birth parent's family.
  • Adoption of a child by a birth parent's spouse who married the birth parent after the death of the other birth parent has no effect on the relationship between the child and the family of the deceased birth parent.
  • Adoption of a child by a close relative has no effect on the relationship between the child and the families of the deceased birth parents.

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Stat. §§ 732.302; 732.608

When a testator omits to provide by will for any of his or her children adopted after making the will and the child has not received a part of the testator's property equivalent to a child's part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless:

  • It appears from the will that the omission was intentional.
  • The testator had one or more children when the will was executed and bequeathed substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

Adopted persons are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.