Although there has been a flurry of attempts to enact similar legislation in other states in the past two years, none has been successful. Finally, although a few courts have considered the sexual orientation of a prospective parent as one factor in determining whether an adoption would be in the best interest of a child, such an inquiry is generally not made for an adult adoption. The Effect of Adult Adoption on Inheritance Perhaps the most common motivation for adult adoptions is to establish inheritance rights for the adoptee. Those rights are established in two significant ways. First, adoption gives the adoptee the right to inherit from the adopter under the laws of intestacy.
Most states give adult adoptions the same effect.
As a general rule, only blood relatives inherit. The only exceptions to that rule are legal spouses and adopted children. Second, for the decedent who does not die intestate, but rather makes a will and in it leaves property to the adoptee, adoption gives some protection against a will contest. The explanation for why this is, is slightly complex. Wills leaving money to a gay lover, for example, are particularly at risk.