Adopting a child establishes a legal parent-child relationship, shaping inheritance rights. In Massachusetts, an adopted child holds the same rights as a biological child regarding inheritance. They can inherit from their adoptive parents just as a biological child would.
Legal rights of adopted children
After finalizing an adoption, the adopted child receives full inheritance rights from their adoptive parents. This includes automatic rights under intestacy laws if the adoptive parents die without a will. The child can also appear in a will or trust like any other family member.
Termination of birth parents’ inheritance rights
Adoption severs a child’s legal ties to their birth parents. As a result, they lose the right to inherit from their biological family unless the biological parents specifically name them in a will. However, some exceptions apply in stepparent adoptions where one biological parent keeps their legal rights.
Impact on wills and estate planning
Adoptive parents should update their estate plans after adoption. While Massachusetts law allows adopted children to inherit under intestacy laws, a clear will prevents confusion. Some estate plans use terms like “issue” or “descendants,” which legally include adopted children, but specifying names improves clarity.
Inheritance rights in family trusts
Family trusts created before adoption may contain restrictive language about beneficiaries. If a trust only names “biological children,” an adopted child might not automatically inherit. Reviewing and updating trusts ensures adopted children receive their intended share.
Adoption grants the same legal rights to children as if they were born into the family. Thoughtful estate planning ensures their inheritance remains protected.
