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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Does a child who was legally adopted have any legal claim on

Resolved Question:

Does a child who was legally adopted have any legal claim on the biological parents
Submitted: 2 years ago.
Category: Family Law
Expert:  Kasare replied 2 years ago.
Hi thank you for your question, I will assist you with this.
The legal position is governed by section 39 of the Adoption Act 1976 which states that an adopted child is to be treated in the eyes of the law as the legitimate child of the adoptive parents and not the child of any other person (i.e. not the biological parents).
Therefore an adopted child cannot pursue a claim against their biological parents’ estate as a result of this legislation, i.e. as their right claim an inheritance has passed to the adoptive parents’ estate (irrespective of whether or not the adopted parents have biological children also, the adopted child would be entitled to an equal share of the estate left to the "children").
However, an adopted child may be able to challenge the validity of their biological parents’ Will on the grounds of lack of testamentary capacity or undue influence for example if they are a disappointed beneficiary under a previous Will, i.e. they were named as a beneficiary in a previous will and they are no longer named in any new will made thereafter.
They obviously cannot claim to be a disappointed beneficiary if the biological parent(s) died intestate, as from the information and legislation above, they have lost their right to an inheritance from their biological parents’.
I hope this clarifies the matter for you. If you have any further questions, please ask.
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