Can an Adopted Child Inherit in Florida?

The rule applies to inheritance both by and from an adopted person. The adopted person is a descendant of the adopting parent and one of the natural kindred of all members of the adopting parent's family. The adopted person is not a descendant of the natural parents and is not kindred of any member of a natural parent's family or of any prior adoptive parent's family.

Three exceptions keep birth family ties in place. Adoption by the spouse of a natural parent does not affect the child's relationship with that natural parent or that parent's family. Adoption by a natural parent's spouse who married the natural parent after the other natural parent died does not affect the child's relationship with the deceased parent's family. Adoption by a close relative, as defined in Florida's adoption law, does not affect the child's relationship with the families of the deceased natural parents.

The same statute addresses persons born out of wedlock. Such a person is a descendant of the mother and of her family. The person is also a descendant of the father and of his family if the natural parents participated in a marriage ceremony before or after the birth, even if the attempted marriage is void, if paternity is established by an adjudication before or after the father's death, or if the father acknowledged paternity in writing.

The order in which heirs take is explained in the order of heirs under Florida intestate succession.