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Adoption

Also known as: Adopted Child, Legal Adoption, Adoption Order

Definition

Adoption is the legal process that makes a child the permanent legal child of their adoptive parents, with exactly the same inheritance rights as a biological child and no automatic rights from biological parents.

Understanding adoption is critical for estate planning because it creates permanent inheritance relationships that cannot be reversed—unlike step-parenting, which gives no automatic inheritance rights at all.

What Does Adoption Mean?

Under the Adoption and Children Act 2002, adoption is a court-approved legal process that permanently transfers parental status from biological parents to adoptive parents. Section 67 of the Act states that an adopted child is treated "as if born as the child of the adopters" for all legal purposes, including inheritance, parental responsibility, and family relationships. This requires a formal adoption order granted by the court—informal family arrangements or simply raising a child do not create legal adoption. Once granted, adoption is permanent and cannot be reversed, even when the child turns 18.

For inheritance purposes, adopted children have exactly the same rights as biological children under UK intestacy rules. If you die without a will, your adopted child inherits automatically, just like any biological children you may have. When wills use terms like "children," "issue," or "descendants," these automatically include adopted children unless specifically excluded. Sarah adopts her partner's daughter, Emma, age 7, through a formal court order. If Sarah later dies intestate leaving an estate worth £340,000, Emma inherits under intestacy rules exactly like Sarah's biological son, James. The law makes no distinction between adopted and biological children for distribution purposes.

In contrast, the legal relationship between the adopted child and their biological parents is completely severed. The child loses automatic inheritance rights from biological parents under intestacy rules. However, this does not prevent biological parents from voluntarily including their biological child in their will by naming them specifically. Michael was adopted by his stepfather at age 10. His biological father, David, has no legal obligation to include Michael in his will, but David can still choose to leave Michael a gift by stating: "I leave £10,000 to my biological son, Michael Thompson, now known as Michael Stevens."

An important exception exists under the Inheritance and Trustees' Powers Act 2014. For adoptions finalized on or after 1 October 2014, if a child's biological parent died before the adoption order was granted and the child had a contingent interest in that parent's estate, the adoption does not affect that inheritance right. This legislative change protects children from losing their biological parent's estate when adoption occurs after death.

Common Questions

"Does an adopted child have the same inheritance rights as a biological child?" Yes, under UK law, adopted children have exactly the same inheritance rights as biological children. Once an adoption order is granted, the adopted child is legally treated as if they were born to their adoptive parents for all purposes, including intestacy rules and will inheritance.

"Can an adopted child still inherit from their biological parents?" Generally no. Once an adoption order is granted, the legal relationship between the child and their biological parents is severed, and the child loses automatic inheritance rights from biological parents under intestacy rules. However, biological parents can still choose to include their biological child as a beneficiary in their will by naming them specifically.

"What happens if I adopt my stepchild—do they automatically inherit from me?" Yes, once you legally adopt your stepchild through a formal adoption order, they become your legal child for all purposes, including inheritance. If you die without a will, your adopted stepchild will inherit under intestacy rules exactly like a biological child. This is different from simply being a stepparent, which gives no automatic inheritance rights.

Common Misconceptions

Myth: Stepchildren automatically inherit from their stepparent, so I don't need to formally adopt them.

Reality: Stepchildren have no automatic inheritance rights under UK intestacy law. If you die without a will, your stepchildren will not inherit anything—even if you raised them from birth. Only formal legal adoption through a court-approved adoption order creates automatic inheritance rights. Step-parents must either formally adopt stepchildren or name them explicitly in a will to ensure they inherit.

Myth: Once I adopt a child, they lose all connection to their biological family forever.

Reality: While adoption severs the legal parent-child relationship for inheritance and parental responsibility purposes, it does not prevent biological parents from voluntarily including the child in their will. Biological parents can choose to leave gifts to their biological child by naming them specifically. Additionally, under the Inheritance and Trustees' Powers Act 2014, children adopted on or after 1 October 2014 retain inheritance rights from biological parents who died before the adoption was finalized.

  • Child: Adopted children are treated as legal children with identical inheritance rights to biological children.
  • Issue: This legal term includes biological and adopted children but excludes stepchildren unless formally adopted.
  • Intestacy: Under intestacy rules, adopted children inherit exactly like biological children from their adoptive parents.
  • Stepchildren: Have no automatic inheritance rights unless formally adopted through a court-approved adoption order.
  • Parental Responsibility: Adoption automatically grants parental responsibility, but parental responsibility alone does not create inheritance rights.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.