Does an adopted child have any rights to an estate of a birth mother?

UPDATED: Oct 1, 2022

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Does an adopted child have any rights to an estate of a birth mother?

My sister passed away. Her trust leaves all of the assets to her siblings so named in the trust. One of her siblings has passed away she had 5 children. One of her children passed away and left 2 children. However, she had two other children who were given up for adoption when they were youngsters. They were legally adopted by other families. Are the 2 children who were adopted considered heirs of their birth mother?

Asked on December 19, 2017 under Estate Planning, New Hampshire


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  Once adoption is completed it terminates the rights of child to inherit from the birth parents unless the birth parents name them in their Will or Trust.  It seems here that they would not be considered heirs but I would double check with an attorney in your area who can look at all the documents involved.  Good luck.

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