When a child is placed for adoption, the biological parents relinquish their legal rights, and the adoptive parents become the child's parents. In many states, that means the adoptive children no longer have the right to inherit property from their biological parents unless their biological parents specifically provide for them in their wills.
However, Louisiana law is different.
Two Ways Adopted Children Can Inherit From Biological Parents
Biological parents may provide for children they put up for adoption in two ways: in a will and by intestate succession.
In a Will
A person can choose to leave property to anyone they want if they create a legally enforceable will. Accordingly, a biological parent may choose to leave specific property or a share of their estate to a biological child that another family adopted.
By Intestate Succession
When a person dies without a will, the state decides who gets their property. In Louisiana, children inherit everything if a person dies without a spouse. If a person dies with children and a spouse, the children inherit all of the person's separate property and the person's community property subject to the spouse's lifetime use of the community property.
According to Article 1218(B) of the Louisiana Children's Code, a child's right to inherit from biological parents is unaffected by adoption. Therefore, even if another family adopts the child, the adopted child retains the right to inherit property from their biological parent if the biological parent dies without a will.
Adopted children also have the same right as biological children to inherit from their adoptive parents by will or through intestate succession.
Contact a Louisiana Succession Lawyer Today If You Have Questions
Whether you are an adopted child, biological child, or another potential heir, you may have questions about how a person's estate should be distributed. The attorneys at Scott | Vicknair, LLC, can help answer them. We encourage you to contact our experienced Louisiana succession lawyers today to ensure that your rights are protected.