Skip to main content

Does a child that was adopted and parental rights were given up by biological parent have legal right to his estate?

Bridgewater, NY |

the child wa adopted and had no contact with biological father is now contesting will

Attorney Answers 2


Assuming the deceased is who gave up parental rights and the "child" was adopted by another "Father" I would say that the child would not have a right to an inheritance absent a will stating otherwise. The ability to contest a will is generally very broad; however, given the facts you presented I would suggest that the child would need to present evidence first showing how he or she has standing to contest the will prior to making any argument why a will is invalid.

Remember though generally adult children do not have a right to receive anything at the time of the death of their parent. In Florida, there are certain benefits or protections given to family members who inherit property that are not given to non-family members; however, that does not change the fact that person may bring in non-family members into an estate by raising them in a will. Therefore, if the parent drafted a will after the adoption that named the child he might use that as evidence to raise the standing argument. That alone will not be enough to win a will contest but could be the evidence you need to look for.

I would recommend having a probate attorney work you through this process.

I wish you the best.

Legal disclaimer: Jason Waddell provides this information as general advise and recommends consulting with a local attorney as even in Florida matters may be handled differently from jurisdiction to jurisdiction. Nothing herein should be construed as specific legal advise to a specific case . All content is general in nature due to the limited information given to the attorneys. . Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided on or any other law-themed website without first consulting a local attorney. Pursuant to IRS Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code. No information presented by anyone online is confidential in nature, and no online reading or writing will create an attorney-client relationship between you and Atty

Mark as helpful


In general one has to have standing to contest a will and that usually means a right to receive an inheritance or other testamentary gift in the absence of the will being challenged.

However in many states the right of a biological child to inherit from the biological parent, is cut off by law when an adoption order is entered. And there are a lot of complicated variations on that idea that vary by state statute and case law, like when or how the child might inherit from other collateral relatives. THe question is very state-law specific. It

If the will contest is filed in New York, then a New York lawyer will have to provide the answers, but it may also imply other state law questions such as if the adoption order was from a different state and had an impact then that might need to be considered.

No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.

Mark as helpful

Child adoption topics

Recommended articles about Child adoption

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