This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in other states. The article closes with a suggestion for legal reform that is necessary to prevent penalizing same sex families who adopt and denying them equal protection of the laws.
Laura M. Padilla,
Flesh of My Flesh but Not My Heir: Unintended Disinheritance,
Brandeis J. Fam. L.
Available at: https://scholarlycommons.law.cwsl.edu/fs/327