by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

Hi, I’m Chris Parker with Ishihara Parker Law Firm here in Longview, Texas. Today, we want to talk with you about adoption and how it affects your estate plan. Whether you’ve brought a child into your family through adoption, or you’ve previously placed a child for adoption, it’s important to understand how these events impact your estate.

We’ll walk through both scenarios and share some things you need to be thinking about.

1. I’ve Adopted a Child – What Does That Mean for My Estate Plan?

If you’ve legally adopted a child—whether through CPS, a private agency, or even a family placement—you’ve taken a major step that needs to be reflected in your estate documents.

An adopted child is treated the same as a biological child under Texas law when it comes to inheritance. That means they are entitled to the same rights and considerations in your will unless you specifically state otherwise.

But here’s the thing: if your will was written before the adoption, it likely only lists your biological children. If you’ve added to your family, your estate plan needs to reflect that.

We often see families where the will says, “I have two children,” but now there are three. Maybe the adopted child is from a later life situation or a family arrangement. Either way, your documents should say what your actual family looks like today.

And sometimes, families are complicated. You may want the adopted child included—or you may not. The key is clarity. Your attorney can help ensure that your documents say exactly what you want, so there’s no misunderstanding later.

2. What If I Haven’t Legally Adopted the Child I’m Raising?

Here’s an important distinction: just because a child is living in your home doesn't automatically make them your legal child.

If CPS placed a child with you, and you're a possessory conservator but haven’t completed the legal adoption process (parental rights of the biological parents haven't been terminated and adoption paperwork finalized), then that child is not considered your heir under the law.

So, even though you're raising them, they won’t inherit from you unless you take action—either through a will or legal adoption.

3. Blended Families, Stepchildren, and Adoption by Estoppel

We often work with blended families—families who have been together for years and treat all the children the same, regardless of biology or adoption. That’s wonderful, but the law only sees legal relationships.

Stepchildren don’t automatically inherit. If you’ve raised a stepchild who believes they were adopted, or if the family has represented them as such, there’s something in Texas law called "adoption by estoppel." That child may have a legal claim, even without formal adoption paperwork.

If that situation might apply to you, talk to your attorney. These are murky waters, and they need to be navigated carefully.

And don’t forget: you can adopt an adult. If you raised a stepchild or someone in your care who is now over 18, adult adoption may be a simple way to legally formalize the relationship. It avoids terminating parental rights and can be an easier legal route.

4. I Gave a Child Up for Adoption – Do They Still Inherit from Me?

Here’s something many people don’t realize: if you placed a child for adoption, that child may still inherit from you, even if you haven’t had contact in decades.

Unless the termination order specifically says they are disinherited, or unless your will clearly excludes them, they may still be considered a biological heir.

We’ve seen cases where a father had a child at 16, gave them up for adoption, and never saw them again. Fast forward 35 years—he’s married with a new family, and nobody remembers or talks about that child. But legally, they still count unless he takes the step to disinherit them in his will.

5. Transparency with Your Attorney is Critical

You’re not keeping secrets from your lawyer—you’re helping protect your family.

We understand that these topics can be sensitive. But your attorney is there to ensure that your wishes are carried out and your family is protected from surprises and legal battles later on.

So whether you’ve adopted, raised a child as your own, or given a child up in the past—tell your attorney the full story. That’s the only way to craft an estate plan that reflects your values and protects the people you love.

If any of this applies to your family, or if you’ve experienced major life changes—like adopting a child, losing a parent, or gaining stepchildren—your estate documents need to be updated. Texas law will write a will for you if you don’t do it yourself, and that version may not match your intentions.

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