By Chris Watts, Estate Planning Consultant — Fern Wills & LPAs
Last verified: 31 October 2025 (England & Wales)
Adoption completely changes a child’s legal status. Once a child is formally adopted, they become the legal child of their adoptive parents and gain the same inheritance rights as a biological child. The legal link with birth parents ends, which means adopted children do not automatically inherit from their biological family unless they are specifically named in a valid Will.
If an adoptive parent dies without a Will (known as dying intestate), adopted children inherit under the same rules as biological children. Foster children and stepchildren, unless legally adopted, have no automatic right to inherit. However, they may sometimes bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased.
Understanding these distinctions helps prevent disappointment and disputes in the future. Creating a clear and up-to-date Will is the simplest way to protect everyone involved.
Once adoption is complete, the adoptive parents hold full parental responsibility, and inheritance rights mirror those of biological children. The adopted child can inherit automatically under intestacy, and can also bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 as a “child of the deceased.”
However, the legal bond with the birth family ends. A biological parent’s estate passes as though the adopted child no longer existed — unless that parent later names the child in a valid Will.
For foster or stepchildren, inheritance depends on their legal status. Without adoption or formal inclusion in a Will, they have no automatic claim, although dependency can justify an application under the 1975 Act.
Emma (not her real name) was adopted as a baby. Years later, she reconnected with her birth mother, who died without a Will. Emma assumed she would inherit, but learned she had no automatic right because adoption had ended the legal parent-child link.
Her adoptive parents, however, had made Wills naming her directly — ensuring she was fully protected. This contrast highlighted the importance of straightforward, current wills for adopted and blended families.
Can an adopted child inherit from their adoptive parents?
Yes. Once the adoption order is granted, they have precisely the same inheritance rights as any biological child.
Can an adopted child still inherit from their birth parents?
No automatic right exists. Adoption legally severs that link, so inheritance is only possible if the birth parent names the child in a valid Will.
What happens if an adoptive parent dies without a Will?
Under intestacy rules, adopted and biological children are treated equally. They share the estate according to standard legal formulas.
Can foster children or stepchildren inherit automatically?
No. Only adoption gives that automatic right. They must be named in a Will or prove financial dependence to claim under the 1975 Act.
What if the adoption was by a step-parent?
A step-parent adoption creates the same full inheritance rights as any other adoption. Once finalised, the child can inherit from that step-parent automatically.
If you have adopted or plan to, review your Will to make sure every child who depends on you is protected. Adoption changes inheritance rights permanently, so keeping your Will current avoids confusion later.
At Fern Wills & LPAs, we help families of all structures plan clearly and fairly. To arrange a relaxed call or meeting, visit our Contact page or Book a Consultation.
