Visitation rights of biological relatives.

Q: Can adopted children go back to their biological parents?

Once an adoption is finalized, adopted children cannot go back to their biological parents legally. The adoption process terminates the parental rights of the biological parents, and the child is legally considered a member of the adoptive family. Any changes to this arrangement would require a legal process.

Q: Are adopted children entitled to biological inheritance?

Adopted children are not entitled to inherit from their biological parents once the adoption is finalized. The legal relationship with biological parents is terminated, and inheritance rights shift to the adoptive family. However, adopted children do retain any rights to inherit from their adoptive parents.

Q: Can adopted children petition biological family members?

Adopted children do not have the legal right to petition biological family members for visitation or contact after adoption. The adoption process severs the legal ties with biological relatives, and any contact would depend on the adoptive family's discretion.

Q: Can birth parents contact an adopted child?

Birth parents typically cannot contact an adopted child after the adoption is finalized, as their legal rights are terminated. Any communication would require consent from the adoptive parents, and it is not guaranteed. Open adoptions may allow for some contact, but this varies by case.

Q: Can an adopted child still inherit from biological parents?

Once an adoption is finalized, an adopted child generally loses the right to inherit from their biological parents. The legal severance of ties means that inheritance rights are transferred to the adoptive family. Adopted children can inherit from their adoptive parents instead.

Full question:

Can an adopted child’s biological relatives have visitation rights?

Category: Adoption
Date: 04/07/2025
State: Arkansas

Answer:

The effect of the final decree of adoption is to "terminate all legal relationships between the adopted individual and his natural relatives, including his natural parents, so that the adopted individual thereafter is a stranger to his former relatives for all purposes"; when a natural parent consents to the adoption of a child by another person, the consenting parent's relatives lose their legal rights to visitation because such rights are derivative of the consenting parent's rights and likewise are terminated when parental rights are ended. Ark. Code Ann. § 9-9-215(a)(1) (Supp. 1995).

Public policy favors a complete severance of the relationship between the adopted child and its biological family in order to further the best interest of the child. Suster v. Arkansas Dep't of Human Services, 314 Ark. 92, 858 S.W.2d 122 (1993).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Should genetic parents have visitation rights?

Genetic parents generally do not have visitation rights once an adoption is finalized. The legal relationship between the child and their biological parents is severed, which includes any rights to visitation. This principle aims to protect the child's best interests and provide stability in their new family environment.