Can An Adopted Child Inherit From His Biological Parents?

Originally published by Rania Combs.

Section 201.054 of the Texas Estates Code provides that an adopted child “inherits from and through the child’s natural parent or parents.”

This section of the Estates Code should be read in conjunction with Section 161.206 of the Family Code, which provides, that in case involving the termination of the parent child relationship, the child retains the right to inherit from and through the parent unless the court otherwise provides.

Therefore, in Texas, adopted children can inherit from and through their biological parents unless there is a decree terminating the parent-child relationship that specifically removes the child’s right to inherit from and through the biological parents.

However, in Texas, adoption records are sealed by law, which means the adoptive child will likely be unable obtain the identity of his or her natural parents, thereby rendering the inheritance rights meaningless.

Of course, all these rules apply when someone dies without a Will. There is no law that restricts a parent from disposing of his property by Will in any way he chooses.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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