Inheritance rights for adopted children
- Thread starter cosmo
- Start date
cosmo said:
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.
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.
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.
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.
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.
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.
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.
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.
S
smadden
Guest
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?
Can you give any supporting reason for my husband or do you disagree?
O
opawaman
Guest
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.
S
sandyford
Guest
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.
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.
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.
D
depression
Guest
any information discovered?
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!
am sufferring for my mothers bad choices in men!
4th estate
Registered User
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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?
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?
M
msbally
Guest
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.
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.
M
msbally
Guest
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.