Can an adopted child legally be declined for group health insurance offered by an employer?
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Can an adopted child legally be declined for group health insurance offered by an employer?
We have 3 adopted children. My husband’s employer is offering our family health insurance for the first time in 2 years. However, he does not want to extend the coverage to our adopted children. Is this legal to do that on a group insurance plan? He is willing to cover our 17 year old biological child.
Asked on October 3, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it is not legal for your husband's employer to do this. An adopted child is legally indistinguishable from a biological child: the adopted child is treated the exact same way by the law as biological children, and therefore, there is no basis or grounds for not covering adopted children. A step child would be a different matter, since the step parent-step child relationship is not legally the same as the biological parent-biological child relationship--but the adopted parent-adopted child relationship is. If your husband's employer is offering family health care coverage, then your adopted children must be covered, too (assuming you elected the coverage, that is). You are therefore entitled to have your adopted children covered under the health plan.
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