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Adoption is the formal act of lawfully assuming the parental rights and responsibilities for another person, usually an infant or child. A person who desires to adopt must understand that the effect of the adoption will be that the adoptive parent will have all of the rights and responsibilities of a parent, as if the child were the biological child of the parent. The new parent will enjoy the custody of the child, but at the same time the parent will be responsible for taking care of the child's needs and providing for support until the child becomes an adult.

Prior to January 1, 1997, an adoption decree could continue an adopted child's right to inherit from the biological parents and the biological parents' right to inherit from a child who is adopted away from the biological parents, if there was no will at the time of death of the parent or child. An adoption decree could state in it that a child retains a right to inherit from the biological parents. This could lead to problems, for normally adoption decrees cut off all contact between biological parents and their children, and the adoptive parents normally have all of the rights as if they were the biological parents, including the right to inherit.

In 1996 the Alaska legislature adopted a new version of a code which governs how adoptions occur in this state called the Uniform Probate Code. One of the changes made to the Code will affect the laws which control inheritance rights between an adopted child and the child's natural parents. The new laws will eliminate inheritance rights between an adopted child and the natural parents, except in stepparent adoptions. If the natural parents or their relatives want to leave property to a child who has been adopted by another family, they must do so by use of will.

The new rules are good news for both adoptive families and the biological parents. An adoption decree which allows for inheritance rights could cause confusion years later when property is inherited by total strangers who lost touch after an adoption took place. If a biological parent later has a relationship with a child adopted by another, or a desire to leave property to a biological child, a will can be created and easily modified at any time prior to death so that the actual desire of the biological parent will be followed upon his or her death.

If you desire to adopt a child or to allow your child to be adopted by another, it may be wise to speak with an attorney, who can advise you of your rights and responsibilities, and to make sure that all documents are complete and that any court hearing is correctly handled to avoid the failure of an adoption. Many lawyers will consult with potential clients for a nominal fee to answer questions and define the services they offer.

© 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.