With the ever-evolving concept of the “modern family,” many families choose adoption as a method of expanding their family and continuing their legacy. If there was no will there is a series of laws regarding the treatment of adopted children in intestate succession probate proceedings.
Establishing the Existence of Parent-Child Relationship
Under California Probate Code §6450, the relationship of parent and child only exists for the purposes of intestate succession if that child is (1) a natural child, or (2) an adopted child. The most common scenario is that a child may inherit through a deceased parent; however, it is also possible for a parent to inherit from a deceased child. (California Probate Code §6402.)
The general rule is the relationship of parent and child is terminated between the natural child and the natural parent when the natural child of the natural parent is adopted by the adopting parent (California Probate Code §6451(a).)
For Example, Alex and June have a child, Alice. Alex and June consent to an adoption of Alice by the adoptive parents, Bill and Patricia. The relationship of parent and child between either Alex or June and Alice is severed. Thus, Alice would not inherit through intestate succession from either Alex or June. Likewise, Alex and June would not inherit through intestate succession from Alice.
Also, a relationship of parent and child exists for the purpose of determining intestate succession between an adopted person and the person’s adopting parent or parents. California Probate Code § 6450(b) specifies that a relationship of a parent-child exists for by establishing that a relationship of parent and child exists between an adopted person and the person’s adopting parent or parent. This can be established by providing an Order of Adoption or an updated Certificate of Birth reflecting the adoptive parents. For example, in our example above, Alice was adopted by Bill and Patricia. The parent and child relationship exists for intestate succession purposes between Alice, as the child, and Bill and Patricia, as the parents.
When an Adoption Doesn’t Severe the Parent-Child Relationship
However, there is an exception to the general rule that adoption severs the Parent-Child Relationship with the natural parents. There are special circumstances in which an adopted child can inherit from the natural parent(s). These special circumstances are contained in California Probate Code § 6451 and both of the following requirements must be satisfied:
(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 cohabitating with the other natural parent at the time the person was conceived and died before the persons birth (California Probate Code § 6451(a)(1)); and
(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents (California Probate Code § 6451(a)(2).)
For example, a married couple, George and Georgia, have a natural child, Sam, and they live together until Sam is 3 years old. George and Georgia later divorce, and then Georgia marries John. John, with George’s consent, adopts Sam. Because Sam lived with George as parent and child, and because Sam was adopted by John who was the spouse of Georgia, both of the requirements are satisfied and the parent and child relationship between George and Sam was not severed by the adoption. Thus, Sam can still inherit from George, and George can still inherit from Sam. Because John adopted Sam, the parent child relationship also exists between John and Sam. And since Georgia is the natural parent of Sam, Sam can inherit from Georgia and Georgia can inherit from Sam. Sam has three parents for the purposes of intestate succession!
In sum, the treatment of adopted children under the California Probate Code can be complex. Although typically an adoption severs the parent and child relationship between a natural parent and his or her child, it is possible for the parent and child relationship to continue with the natural parent even if the natural child is adopted by a new adopting parent.
Please contact Quinn & Dworakowski, LLP if you are involved with the death of a person with or without a Will. You can reach us by phone at 949-660-1400. We handle probate matters in all California counties, including Southern California Counties, such as Imperial County, Los Angeles County, Orange County, San Bernardino County, and San Diego County. We also represent parties residing outside of California that have probate matters affecting real and/or personal property in California.
To schedule a consultation, call us at 949-660-1400.
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