Inheritance law has become increasingly complicated to manage our changing family structure. Inheritance law, at its core, is set up to protect (generally) children from any unintended inheritance consequences and to ensure everyone is adequately cared for.
I was born using IVF or other assisted reproductive techniques or technology
Things can get complicated when there is donated eggs, sperm, or surrogates used to have a child. Law varies by state, with New South Wales and Queensland making the assumption that after a fertilisation procedure with male sperm, that the partner of the woman is the father (with consent). A donor is not identified as a child’s father, but this information is recorded.
If a pregnancy is achieved using another woman’s egg, the pregnant woman is presumed to be the mother, and the egg donor is not.
The legal parents of the child are then the people seeking the pregnancy and birth. Biological donors are not considered the parents of the child. In inheritance law, the child becomes legally the child of the parents, like any other biological child would. A child born like this does not have any rights to the estate of the donor(s).
I am an adopted child
Legally adopted children have exactly the same inheritance rights as a biological child, and can claim inheritance rights of the adoptive parents. Once adopted to other parents, a child cannot claim provisions from their biological parents. Legally, the child becomes the kin of the adoptive parents, not the biological parents.
I was born out of wedlock (illegitimate child)
This is no longer an issue in Australia. Any child born has two parents, and can claim inheritance rights for both without contest in most situations. The relationship of our parents has no bearing.
I’m a stepchild
Every state has its own inheritance laws for stepchildren, so it would pay to check your local guidelines. They do tend to change from time to time. The gist of these laws is that temporary or short relationships should not be given the same gravitas as biological families and children. This means that claims can be made on a step parent’s estate, but it can be fought. The legal relationship can get complex, so seeking legal advice may be appropriate.