When a child is placed for adoption, the biological parents relinquish their legal rights, and the adoptive parents become the child’s legal parents. In many states, that means the adopted child no longer has the right to inherit property from their biological parents unless specifically provided for in a will.
However, Louisiana law is different.
Two Ways Adopted Children Can Inherit From Biological Parents
Biological parents may provide for children they placed for adoption in two ways: through a will and through intestate succession.
In a Will: A person can leave property to anyone they choose in a legally enforceable will. A biological parent may specifically name a biological child who was adopted by another family and leave them property or a share of the estate.
By Intestate Succession: When a person dies without a will, Louisiana law determines who inherits. According to Article 1218(B) of the Louisiana Children’s Code, a child’s right to inherit from biological parents is unaffected by adoption. Even if another family adopted the child, the adopted child retains the right to inherit property from their biological parent if the biological parent dies without a will. This is a unique feature of Louisiana law that surprises families in many cases.
Adopted Children’s Rights From Adoptive Parents
Adopted children also have the same inheritance rights as biological children from their adoptive parents — both through a will and through intestate succession. In Louisiana, formal adoption creates a full legal parent-child relationship for all purposes, including inheritance.
Step-Parent Adoption: A Special Case
Step-parent adoptions — where a step-parent formally adopts a spouse’s child — are common in Louisiana blended families. After a step-parent adoption is finalized, the child has full inheritance rights from the step-parent. The child also retains inheritance rights from the biological parent on the other side of the family (the parent who consented to the adoption). Louisiana generally tries to preserve children’s inheritance connections in these situations.
Can a Biological Parent Inherit From Their Adopted-Out Child?
Louisiana law is more restrictive in the other direction. Once a child is adopted, the biological parent who relinquished rights generally does not have automatic inheritance rights from the child’s estate. The inheritance right preserved by Article 1218(B) of the Children’s Code runs from parent to child, not the reverse.
Questions About Adoption and Succession Rights?
Whether you are an adopted child, biological child, or another potential heir, you may have questions about how an estate should be distributed. The attorneys at Scott Law Group — Estate Counsel can help answer them. Contact us or call (504) 264-1057 to ensure that your rights are protected.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.
Why This Rule Exists
Louisiana’s approach reflects the civil law tradition that inheritance rights between parent and child are based on biological connection, not only legal status. The state preserves adopted children’s rights in the biological family line because severing those financial ties at adoption was not considered necessary or fair. Understanding how these rules interact with your family situation requires careful legal analysis. Call Scott Law Group at (504) 264-1057 for guidance.