Skip to main content

Can someone who is adopted inherit from birth parents?

Los Angeles, CA |

Birth parents are not married to each other.

Question pertains to natural mother who is obviously identified as such.

It also pertains to natural father, for whom a paternity test would be required.

Offspring is an adult.

Attorney Answers 6


  1. Adoption under California law creates a parent-child relationship between the child and his or her adoptive parents. (Prob. Code, 6450 subd. (b).)

    For intestate succession purposes, adoption also severs the parent-child relationship between the adopted child and a natural parent unless:
    (1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person’s birth.
    (2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents
    (b)Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.
    (c)For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
    (Prob. Code, § 6451 subd. (a).)

    DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.


  2. I agree with the previous comment. Typically, adoption severs all times between the natural parents and the adoptee. However, there are some exceptions to the general rule.

    Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website


  3. As you state it, there is little chance that someone could inherit. I would concur with other counsel.


  4. All other answers are correct. Further, a paternity test will not help. Assuming you are the biological child of father, the adoption is sufficient to rebut any presumption that could be argued to have been created under other statutes that provide an equitable parent child relationship.


  5. I agree with my colleagues answers with one exception -- the biological parent can certainly name the adopted child in their will or trust to take whatever portion of their estate they see fit. The adoption merely severs the parent-child relationship for purposes of intestate succession.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br> <br> Michael R. Daymude, Esq., Sherman Oaks Galleria – Comerica Bank Building, 15303 Ventura Boulevard, Suite 900, Sherman Oaks, CA 91401-6150. Telephone: 818.971.9409 • Website: mrdaymude.com


  6. You didn't post all relevant information. For the time being, I 2nd attorney Michael Raymond Daymude's response. It's best for inheritance to occur by express gift (as in a Will or Trust) rather than by intestacy.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics