How can adult adoption affect legal ties to a birth parent?

Adult adoption creates a legal parent-child relationship with your adoptive parent and, in most states, changes your legal ties to the birth parent being replaced, including inheritance between you. The exact effect depends on the filing state, so it is worth reading your state's provision and lining up any estate documents before the hearing.

Inheritance rules differ by state

Texas Family Code section 162.507 gives the adult inheritance rights through the adoptive parents and says the adult and biological parent may not inherit from or through each other. Florida section 63.172 describes the effect on legal relationships, with exceptions, and refers inheritance to Florida probate law. Read the provision for your filing state; adoption and inheritance rules are not identical everywhere.

Wills, trusts, beneficiary designations and the rights of descendants follow their own rules. If a specific inheritance plan is one of your goals, have those documents reviewed and updated alongside the adoption.

Notice is a separate step

Consent and notice are different things. In an adult adoption, the main consent is yours as the adult. Some states also give the birth parents notice. In Florida, adult-adoption rules include written notice of the final hearing to parents, or proof of service. New York section 115(10) permits court-directed notice. Notice simply tells the birth parent about the hearing; it is a routine step, not a request for permission.

Personal relationships and legal status

Think about whether and how you want to explain the adoption to family members. A new legal relationship doesn't dictate your personal feelings, and you choose what relationships you keep. Court records and access rules are governed separately.

If medical decision-making is one of your goals, set up a health-care directive or authorization as well; an adult adoption doesn't by itself appoint a decision-maker for an adult.

Questions to answer as you prepare

• What legal relationships will the decree establish or change?
• Which inheritance rules and exceptions apply in this state?
• Are existing wills, trusts or beneficiary forms affected?
• What consents and notice does the state require?
• Is a name change desired?
• Which records need updating afterward?

Read the adult overview and birth-parent notice, then choose your state guide.