Orange, CA asked in Probate, Family Law and Adoption for California

Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.

Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption as a minor?

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1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological parent is a spouse of the adopting parent.

When a minor is legally adopted in California, this adoption is indeed recognized as a "legal adoption before the age of majority." Once all the conditions for a legal adoption are satisfied, the adopted individual gains all the legal rights and privileges associated with being a legally adopted child. This includes the right to inherit from the adoptive parents as if they were a biological child.

Conversely, the adopted individual generally loses the right to inherit from their biological parents unless, as mentioned, the adoption is by the spouse of one of the biological parents. It's important to note that these inheritance rights take effect from the time of the adoption and do not have retroactive impact on actions or rights that occurred before the adoption.

If you are considering adoption or have questions about the legal implications, it may be beneficial to consult with an attorney who can provide guidance tailored to your specific situation. Adoption law can be complex, and professional legal advice can help ensure that all aspects of the process are handled correctly and in the best interests of all parties involved.

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