Adoption has become more common over the years, causing the law to adapt to these new
circumstances. How an adopted child inherits from a deceased parent who had no will is defined
in Fla. Stat. § 732.108(1).
Sub-section (1) of the statute states that adopted children will inherit from the estate as if they
were of the natural family of all members of the deceased adopting parent. Effectively, an
adopted child is not treated any differently than a biological child born to the adopted parents.
In most cases, an adopted child will not be treated as a descendant of their natural parent’s family
or as the natural family of any prior adoptive parents. However, subsections (a)-(c) of this part of
the statute set out the following exceptions to that general rule:
1. If the child was adopted by the spouse of a natural parent, the adoption will not have any
effect on the relationship between the child and the natural parent and their family.
2. If the child was adopted by the spouse of a natural parent, where the spouse married the
natural parent after the death of the other natural parent, there will be no effect on the
relationship between the child and the family of the deceased natural parent.
3. If the child was adopted by a close relative, the adoption will not have any effect on the
relationship between the child and the families of the deceased parents.
If one of these exceptions exists, a clear direction of how each family member shall be treated in
an estate plan can avoid conflict later.
