Attempted-Adoption Doctrine

Attempted-Adoption Doctrine

Definition

A doctrine governing a child’s possible inheritance under the intestacy laws if a foster parent or a stepparent would have adopted the child but for a legal barrier, such as a biological parent refusing to consent to the adoption. In this situation, if certain conditions are met, the child is allowed to inherit from the foster parent or stepparent as a legally adopted child even though no adoption ever occurred.

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