# Inheritance rights for adopted children



## cosmo

Can a child have 4 paternts under the law, their legally adoptive parents and their natural parents?


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## CMCR

cosmo said:
			
		

> Can a child have 4 paternts under the law, their legally adoptive parents and their natural parents?


 
The answer to this is no.  When a child is adopted, (that is, legally adopted) this creates a permanent legal relationship between the new parent(s) and the child.  The child's birth parents no longer have any guardianship rights over the child nor does the child have inheritance rights from the birth parents. 

I have come across a few interesting cases over the years in relation to citizenship issues where the child was born abroad to Irish parents and then adopted abroad.  Dept. Foreign Affairs confirmed to me in such a situation, the child is not entitled to Irish citizenship as they no longer have a legal relationship to their birth parents and cannot therefore obtain Irish citizenship through birth. 

I might suggest you contact the Adoption Board or any of the various adoption associations/organisations if you have any other questions on this matter.


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## cosmo

Thanks for the reply.

To be clear, if one of the natural parents dies and leave their birth child part of their estate, is the child treated as a child or a blood relative or a stranger for CAT?


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## CMCR

I have limited knowledge of CAT however I would imagine that the adopted child would be treated neither as (a) a child of, or (b) a blood relative of the person who died as they no longer have any legal relationship to them.  Legal adoption severs all ties and duties between parent and child.  In other words, the child becomes part of a new family.  

The birth parent is of course free to bequeath something to the child if they so wish, but I would imagine that for CAT purposes, it would be treated just the same as if you left the item to a friend or other non-relative. 

Unless someone else here can give you a better steer - I'd contact the Revenue Commissioners for more information but I believe is correct.


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## cosmo

Thanks CMCR for your input. I rang Revenure to clarify. 

To answer my own question now.....Your answew used to be accurate but apparently under Section 222 of the 2001 Finance Act this was changed and a gift or inheritance from a natural parent to an adoptive child now qualifies for Group 1 Threshold (i.e. parent to child threshold). However the benefits received under this threshold are aggrigated between the natural and adoptive parents. 

appreciate your input.


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## Vanilla

Interesting thread. Another thing to add is that the Revenue do have the capacity in special circumstances to treat individual cases with discretion. For example there was a custom in rural areas ( perhaps also in urban? ) where large families would send a child or children to be reared by aunts with no family of their own or grandparents. I have succeeded in such cases to have such children treated as if they were the natural child or adopted child of the aunt or grandparent by the revenue( obviously where they were never formally adopted). So it is not always black and white.


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## cosmo

To develop this point a little further. 

If the Legal Adoption severs all legal ties in terms of succession rights, what would happen if the natural parent died intestate and there was no spouse and no other children? Would the natural child be the next of kin or would it be the deceased's brothers and sisters etc?

Any thoughts.


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## CMCR

That is a very interesting question.  I think I know the answer to this one but let me check it out.  

CMCR


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## smadden

My husband is in a situation where he was adopted in 1981.  He remained in contact with his biological mother and grandmother years after.  His mother then died in 1992.  His grandmother died in 2005.  Currently, his grandmothers estate is in probate.  Her last known will was not used due to no original could be found.  The only known living heirs are his biological aunt and uncle since his mother had passed away prior.  He is currently filing a petition to show he should receive his mother's share from his grandmother's estate since only his relationship was severed by adoption to his mother but not to his grandmother.  

Can you give any supporting reason for my husband or do you disagree?


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## opawaman

My birthmother died intestate, I was adopted, MY b/mother had no family or relatives, The house and land has been lying empty for  nearly two years, As i am the only relative on this planet what are my chances of winning the case, have been awarded legal aid in ireland, issue now in hands of law society.


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## sandyford

I was just wondering if it was possible to get free legal aid for a case of this kind and indeed if there is any case to be had? In my situation I'm the only child by my birth mother and she willed her estate to her niece. Do I have any chance of a claim for sharing in the estate? My adopted parents both died without making proper provision for me, leaving the bulk of the estate to their one natural blood child.


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## putsch

reply to Sandyford.

Since it seems you were validly adopted you lose any rights to your natural parents' estate. You would have the same rights as any other child to be provided for under your adoptive parents' estate under s.117 BUT this is a)not an absolute right and b) there is a tight timescale of 6months from the date of probate to take any action.

If you are still within this timescale in relation to your adoptive parents' estate I suggest you consult a solicitor urgently - if you have a good case I think most solicitors would handle it on your behalf initally at any rate.


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## depression

CMCR said:


> That is a very interesting question.  I think I know the answer to this one but let me check it out.
> 
> CMCR



any information discovered?


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## Blossy

wow really intersting thread, i asked this before and was told, i have no rights to biological fathers estate. nice to know i have a little chance of getting somethin! my mothers partner adopted me when i was three, so legally he is my father, but they seperated and my biological father made contact, so my adopted father has washed his hands of me and my biological father would like to leave me something. ( he has no other children or spouse), he is from a real old fashioned family, so they will not acknowledge me, as i was born out of wedlock. so i know it will be a nice surprise to them all to have me appear out of the wood work!!!

am sufferring for my mothers bad choices in men!


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## 4th estate

Just to add to the mix, here are my thoughts.

Regarding the right to inherit under the law from biological parents when one is legally adopted, I don't believe this is possible. Succession rights to a biological parent's estate in these circumstances I believe are extinguished.

However, some posters have indicated that they are the only living next of kin of a biological parent even though they have been adopted. although I don't think they would have any right in law to a share in the Biological parent's estate, as I understand it there is a provision in the Succession Act of 1965 regarding the State as ultimate intestate successor, i.e. where a person dies intestate with no next of kin the estate passes to the State. However there is a provision in this section of the Act that gives discretion to the State to appropriate some or all of the deceased's estate to someone or some entity who had some connection with the deceased.

For example, a care home, or a neighbour who looked after the deceased out of good will. So it might be worth making a claim to the estate under these provisions. Anyone any comments on this aspect?


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## McCrack

4th Estate is spot on


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## msbally

After reading all of the threads, I thought I would ask a question that I need to have answered regarding a child who was adopted at birth. 

2 or 3 years ago, my brother was told he had a son. My brother met this child only once, at the child's high school graduation 2 years ago.  My brother did not know this child was his until a couple of weeks before the graduation. Apparently, the child was born and mother had been married during the pregnancy. Her husband signed the birth certificate and "adopted" the child at birth.  My brother has never had any contact with the child up until the graduation.  

Unfortunately, my brother was killed last month.  He did not have a will. Our parents are deceased. My sisters and I (there are 4 siblings)thought that we would be the ones to handle his estate, but out of the blue comes the child.  Apparently,he has spoken with an attorney and claims that he has power to take care of the estate and receive the life insurance. What rights does this child have?  There is no proof that this child is my brothers, other than the childs mother.  There is a small life insurance policy. How should this be distributed and to whom?  I would greatly appreciate any response.


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## putsch

msbally - from the content of your post it sounds like you might be asking about a US situation - "high school" "attorney"......This is an Irish site and the law is very specific to Ireland. Can you confirm if you are talking about an Irish probate?


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## murphaph

Sorry for your sudden loss.


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## msbally

putsch said:


> msbally - from the content of your post it sounds like you might be asking about a US situation - "high school" "attorney"......This is an Irish site and the law is very specific to Ireland. Can you confirm if you are talking about an Irish probate?


 
I am sorry....I did not know this was specific to Ireland.  This a US situation.  I have been searching for a website to answer my question and thought I struck gold when I found askabout.  Thanks for letting me know.


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## Marissara

I was never legally adopted.  Just brought to Scotland to hide the fact I had been born.  My birth mothers sister and brother in law brought me up with their kids. My mother went back to galllway when I was 6 weeks old and made contact now and again. She got on with her life married and went on to have 7 other children.  Am I entitled by Irish law to claim part of her estate when she passes away.  Her husband has passed away.


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## Thirsty

for clarification

1. You were fostered by your Aunt and Uncle.
2. Your mother maintained some contact over the years - was any maintenance paid to your Aunt?
3. Your half siblings know about / have met you?


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## Marissara

*New Member*
I was never legally adopted. Just brought to Scotland to hide the fact I had been born. My birth mothers sister and brother in law brought me up with their kids. My mother went back to galllway when I was 6 weeks old and made contact now and again. She got on with her life married and went on to have 7 other children. Am I entitled by Irish law to claim part of her estate when she passes away. Her husband has passed away.


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## john luc

a child is not entitled to receive any inheritance from a parent. There is a section called S117 of the succession act that allows for a child to go to court and argue that the parent failed their moral duty to provide for the child but this is not as straight forward as you have to prove it.


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## Marissara

*New Member*
I was never legally adopted. Just brought to Scotland to hide the fact I had been born. My birth mothers sister and brother in law brought me up with their kids. My mother went back to galllway when I was 6 weeks old and made contact now and again. She got on with her life married and went on to have 7 other children. Am I entitled by Irish law to claim part of her estate when she passes away. Her husband has passed away.


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## Marissara

Yes I was brought up with my aunt and she kept contact but paid nothing toward my keep and my siblings all know of me. I reviled who I was when I was 29 and they were late teens and early to mid 30s when they found out who I was. She told them always that I was their cousin


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## Thirsty

IANAL
John luc has posted pretty much what I was going to say in regards to legal action. The legal and emotional cost however may well outweigh any monetary value.

If your birth mother has made a will & it says something like 'estate to be divided equally between my children' then you are entitled to your 1/8th share.

If she has not made a will then the intestacy rules apply.


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## Marissara

What is the interact rule


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## Marissara

What is intestacy rule. Does that mean I wouldn't be elagable to make a claim on a share of the estate if she has not made a will. 
And when she does pass away if that's before me. How would I know if she has made a will and if so whether it states to share among all her children. If it states their names and mine is not there does that mean I have no claim


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## Thirsty

There is no 'right' of inheritance for children from their parents.

Your birth mother could choose to leave everything to a charity if she wanted.

If she has not made a will then the estate is distributed based on the rules set down by law. 

You can look it up on google.

The only legal recourse you might have would be to claim you were not provided for as a child. 

I note that your birth mother is still alive as are your half siblings; we only have one life to live, perhaps a better use of your time and energy would be to try and build bridges with your family.


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## Marissara

That would be wonderful. But she has told me her past is in her past and that her children are better than I would ever be.i have begged for her to get to know me as she has only met me 3 times since sending me to the wolves when I was 6 weeks old. My aunt asked what they were to do with me as she was leaving me to go back to her life in Ireland. She told them to do what they wanted with me. My aunt also didn't want me it was her husband who insisted they bring me up.
I have been treated no better than a piece of rubbish put in the bin. So I think this woman should be doing something to compensate the way she and her children have treated me. Trust me if she came into my life wanting me even now the person I am I would welcome her and my siblings with open arms.
Things are really not all black and white my friend


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## Thirsty

My last post and small bit of advice.

You had no control over what happened to you as a child; you have all the power now as an adult to make a life and build a future for yourself.


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## john luc

sorry to hear of your troubles. If you feel that you are not acknowledged by your natural mother and her other children then you might want to go down the road of proving neglect by going the legal route,however without knowing you I would suggest that this might not give you peace to your plight. I wish you best of luck.


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## huskerdu

Marissara said:


> That would be wonderful. But she has told me her past is in her past and that her children are better than I would ever be.i have begged for her to get to know me as she has only met me 3 times since sending me to the wolves when I was 6 weeks old. My aunt asked what they were to do with me as she was leaving me to go back to her life in Ireland. She told them to do what they wanted with me. My aunt also didn't want me it was her husband who insisted they bring me up.
> I have been treated no better than a piece of rubbish put in the bin. So I think this woman should be doing something to compensate the way she and her children have treated me. Trust me if she came into my life wanting me even now the person I am I would welcome her and my siblings with open arms.
> Things are really not all black and white my friend



I genuinely feel for you and my heart goes out to you. 
I agree with the previous posters that you should concentrate on your own well being. 

You have asked a legal question. Only a lawyer can answer your question on whether your circumstances have a chance of a successful legal challange to a will. 

Be careful, You might lose and end up with  big legal bill. 
You might win and not get the closure you need.

I wish you well and I hope you can find some peace.


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