Are children adopted by other families still heirs in an intestate estate if parental rights were terminated? - Pennsylvania
The Short Answer
Usually, no. In Pennsylvania intestate estates, a child who was adopted by another family is generally treated as the child of the adoptive parent(s) for inheritance purposes, not the biological parent whose rights were terminated.
However, Pennsylvania law has a narrow exception that can preserve inheritance rights through the biological family in certain situations, so it is important to confirm the adoption/termination history before listing heirs or distributing any proceeds (including wrongful death recoveries).
What Pennsylvania Law Says
When someone dies without a will in Pennsylvania, their property passes to their “heirs” under the intestate succession rules. One of the most common points of confusion is whether a biological child remains an heir after adoption by another family (often following termination of parental rights).
The Statute
The primary law governing this issue is 20 Pa.C.S. § 2108.
This statute establishes that, for inheritance purposes, an adopted person is treated as the child (“issue”) of the adoptive parent(s), and generally is not treated as the child of the natural parent(s)—with a limited exception involving distribution from a natural relative (other than the natural parent) who maintained a family relationship with the adopted person.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple—especially where the estate initially appeared to have no assets, but a potential Camp Lejeune wrongful death claim may create significant value. Legal outcomes often depend on:
- Strict Deadlines: Administrators can face court deadlines (including show-cause hearings) and claim-related time limits; a misstep can delay the estate or jeopardize recovery.
- Burden of Proof: Whether someone is an “heir” may turn on documents you may not have yet (final adoption decrees, termination orders, and evidence of any ongoing “family relationship” relevant to the statutory exception).
- Exceptions and Claim Structure: Adoption/termination rules can affect who qualifies as an heir in intestacy, and wrongful death-related proceeds can raise additional questions about who is entitled to recover and in what shares.
In practice, the risk is not just “getting it wrong”—it is personal liability exposure for the administrator, family disputes, and distributions that may have to be unwound later.
For more background on how Pennsylvania determines heirs, you may also find these helpful: Do children or a surviving parent inherit first under intestate succession in Pennsylvania? and How do I figure out my inheritance rights to a family property in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.