Law & Legal & Attorney Government & administrative Law

Pennsylvania State Law for Adoption Inheritance Rights

    Adopted Persons Inherit from Adoptive Family Members

    • Relationships created through adoption are as legally binding as relationships created by biology. Therefore, when someone dies without a will, the determination of his or her next-of-kin is not influenced one way or another by the adopted status of any given family member. Children through adoption are treated the same way by the law as children by birth. Siblings through adoption are treated the same by law as siblings by birth.

    Adoption Severs Family Relations

    • Because adoption severs the legal relationships of a biological family, adopted persons in Pennsylvania typically are not considered the next-of-kin of their original biological relatives for inheritance purposes.

    Exceptions

    • An adopted person may be considered for inheritance from a biological family member in certain circumstances. When a familial relationship--apart from legal status--has been maintained between an adopted person and her biological relative, that person may be eligible to inherit as next-of-kin. An example of such a case is grandparents who have maintained a relationship with a child adopted by a step-parent.

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