If a child is adopted do they have any legal rights to an inheritance from their biological father?

UPDATED: Oct 1, 2022

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If a child is adopted do they have any legal rights to an inheritance from their biological father?

My son was adopted by my second husband. My first husband has passed away.
Does my son have any rights to an inheritance from his biological father?

Asked on April 30, 2018 under Estate Planning, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

My research suggests that in MI, an adopted child’s ability to inherit from their natural parents is terminated, with the adoptive parents taking the place of the natural parents for inheritance purposes. However, there is an exception to this rule, that being a stepparent adoption. This means that a child adopted by a stepparent continues to be able to inherit through or from their natural parents. At this point, you should consult directly with a local pprobate attorney to confirm what, if any, rights your son has to his biological father's estate. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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