Arkansas law requires a petition for adoption to include a list of any property of an adopted child, including the value of the property. In a newborn adoption, this doesn’t usually come up. Most infants available for adoption do not own property. But a minor of any age may have an inheritance from their biological family or some other from of property. Why does adoption law require this information in the adoption petition?
Transparency
Imagine a scenario where a child is being adopted who has inherited a significant amount of money from a deceased grandparent. The child’s biological parents, who may not be financially stable themselves, could potentially be tempted to use the child’s inheritance for their own benefit. By requiring a detailed description and estimate of the child’s property, the court can ensure that the child’s inheritance is protected and used for their best interests.
The law makes it clear that the property of an adopted child belongs to the child, so it can be used in the child’s best interests. It can help avoid any potential disputes or misunderstandings regarding the child’s assets in the future.
Inheritance
Once children are adopted, they have the same rights of inheritance from their adoptive parents as biological children would have. Clear information about the property owned by a child when they were adopted allows fairness and clarity in estate planning, especially if there are other children in the family.
Legal clarity about a child’s property also helps to ensure that the child’s financial assets are managed well. If the adoptive parents are not aware of the child’s assets, they may not be in a good position to make financial decisions for the child.
An adopted child who has not already received an inheritance from a biological parent before adoption is usually not eligible to inherit from the biological parent after the adoption. If the birth parent specifically names the child in a will, then inheritance is possible. However, if the biological parent dies intestate, the child will not generally be eligible to inherit. In some cases, then, it can be important to distinguish the child’s property from the parents’ property.
Figuring it out
The property of an adopted child is just one of the legal details that must be clearly understood and documented. A qualified adoption lawyer is your best guarantee that all the details are covered correctly. Contact Heimer Law for full support through your adoption journey.
Inquiry Form