Everything I have read so far indicates an adopted child has no rights to biological parents inheritance. In the case I have here the biological father has no other living heirs. Could a judge make this determination in spite of current laws? This particular child was not adopted out to a good home and had a very rough life. State of South Carolina.
I was just given some new info that may be relevant. The child was adopted by her stepfather at the age of 12. the biological father had basically abandon her.
Is there a legal document signed by the biological father (and mother) relinquishing rights, or was it a matter of “person can’t be found” or some such?
Nussbaum Family Law - Adopted.
This says there are certain rights, but apparently South Carolina an adopted child can only inheriit from a birth parent that died before relinquishing rights; and SC is not on the list of those who still have rights from the birth parents after adoption.
I guess the other question is - definitely “South Carolina”? I suppose it depends on where the parent lived at time of death too.
The biological father did sign away his rights as a father and granted permission for the adoption.
The purpose and effect of adoption is basically to substitute the adoptive parent(s) for the bioparent(s) in terms of rights and responsibilities. Once the biofather’s rights were terminated , he became a legal stranger and the stepfather who adopted her took the biofather’s place. The adoptive father can consent to medical treatment, enroll her in school and so on, and the biofather cannot. And that applies to inheritance also - if the adoptive parent dies intestate or has a will that leave half of the estate “to my children”, the adopted child counts as one of the children. And if it’s the parent who relinquished their rights who dies, the adopted child will only inherit if there is a will that says so.