It sounds simple. A life insurance policy lists the beneficiary as “my children.” No names. No percentages. No further explanation.
Years later, when the insured passes away, the question becomes far more complicated than anyone expected. Who exactly counts as “my children”?
When a policy uses general language instead of listing specific individuals, beneficiary disputes can quickly follow, especially in blended families or situations involving adoption.
Why “My Children” Creates Uncertainty
Many policyholders assume the phrase “my children” is self explanatory. They may believe it automatically includes everyone they consider their child. Legally, that is not always the case.
Insurance companies do not rely on personal understanding. They look to the policy language, the beneficiary designation form, and sometimes state law. If there is ambiguity, the insurer may delay payment or file an interpleader action and ask a court to decide.
Stepchildren: Included or Excluded?
One of the most common disputes involves stepchildren. In everyday life, a policyholder may treat a stepchild as their own. Legally, however, a stepchild is not automatically considered a child unless formally adopted.
If the policy simply says “my children” and the stepchild was never adopted, insurers often take the position that the stepchild does not qualify. The biological or legally adopted children are typically treated as the only beneficiaries.
Disputes arise when:
• The insured raised the stepchild from a young age
• There was no adoption paperwork
• The insured never updated the policy after remarriage
• The stepchild expected to share in the proceeds
Without clear language in the designation, courts generally rely on legal definitions rather than family dynamics.
Adopted Children and Their Rights
Adopted children are usually treated the same as biological children under the law. If a policy names “my children,” adopted children are typically included unless the policy or plan documents state otherwise.
Complications can arise if:
• The adoption occurred after the policy was issued
• The insured had both biological and adopted children from different relationships
• There was a later termination of parental rights
In most states, once an adoption is finalized, the adopted child stands in the same legal position as a biological child for inheritance and beneficiary purposes.
After Born Children
Another frequent issue involves children born after the beneficiary designation was completed. If a policy says “my children,” that language often includes children born after the policy was issued, unless there is limiting language.
However, insurers may still require proof of parentage. This can include:
• Birth certificates
• Court orders establishing paternity
• DNA evidence in contested cases
When a child was born outside of marriage and paternity was never legally established, disputes can become more complex.
Employer Plans and Plan Definitions
Group life insurance policies provided through an employer often have detailed plan definitions. These definitions may specify who qualifies as a “child” for purposes of benefits.
Some plans define child to include:
• Biological children
• Legally adopted children
• Children placed for adoption
• In some cases, dependent stepchildren
Other plans use narrower definitions tied strictly to legal status.
When a dispute arises under an employer sponsored policy governed by federal law, the plan document controls. Courts frequently enforce those definitions as written, even if they conflict with what the insured may have intended.
How Courts Decide Who Counts
When beneficiary language is general, courts focus on several factors:
• The wording of the beneficiary designation
• Definitions contained in the policy or plan document
• Applicable state inheritance laws
• Evidence of legal parent child relationships
Courts rarely rewrite a policy based solely on what family members believe the insured intended. The analysis is usually grounded in contract interpretation.
When Insurers Delay or Interplead
If multiple individuals claim to qualify as “my children,” insurers often protect themselves by filing an interpleader action. In that situation, the company deposits the policy proceeds with the court and lets the competing claimants litigate entitlement.
While this shields the insurer from double liability, it can significantly delay payment to the rightful beneficiaries.
Protecting Your Rights in a “My Children” Dispute
When a life insurance policy names beneficiaries generically rather than individually, the risk of litigation increases. Blended families, adoptions, and children born after the designation all add layers of legal complexity.
If your claim has been delayed or challenged because the policy lists “my children” without naming them, a careful review of the policy language and applicable law is critical. An attorney experienced in denied life insurance claims can evaluate whether the insurer is correctly applying the definitions and, if necessary, pursue legal action to secure the proceeds.
In these cases, the outcome often turns not on family expectations but on precise legal definitions. Understanding how those definitions apply can make the difference between a smooth payout and a prolonged court battle.