New York Law (NYLE) Practice Exam

If a biological child of the testator is adopted out, are they entitled to a gift labeled “to issue”?

1. Yes, they remain a part of the issue

2. No, they lose status as the issue of the biological parent

3. They receive half of what biological siblings receive

4. They are entitled if the adoptive parent renounces rights

The correct answer is: No, they lose status as the issue of the biological parent

When a biological child of a testator is adopted out, they lose their status as the issue of the biological parent in the context of inheritance. This principle is grounded in the idea that adoption creates a new legal relationship, effectively severing the legal ties between the adopted child and their biological parents. Therefore, the adopted child is generally not considered an "issue" of the biological parent for purposes of distributing gifts or assets under a will. The terminology "to issue" typically refers to the direct descendants of an individual, such as children and grandchildren. An adopted child does not retain their status as "issue" of the biological parent after being adopted, and thus, they are not entitled to gifts designated to go to the "issue" of the testator. This aspect of inheritance law is crucial because it reflects how adoptive relationships are recognized in estate planning and distribution. Regarding the other options, they suggest scenarios that do not align with the legal understanding of adopted status affecting inheritance rights. Thus, the correct interpretation is that an adopted-out biological child does not retain any inheritance rights as part of the issue of their biological parent.