Adoption has been a part of society for centuries. Over time, laws have changed to ensure that adoptees are provided the same rights as those natural born to the child-parent relationship.
Adoption creates an ancestor-descendant relationship between the adoptive parent and the adopted individual. Therefore, the adoptee becomes an intestate heir apparent of the adoptive parent and vice versa. An adopted minor child is typically treated as if naturally born to the adoptive parents, and is therefore, eligible to receive inheritance rights from both the adoptive parents and through the adoptive parents from ancestors, descendants, and collaterals of the adoptive family.
However, there is an established difference when it comes to the adoption of an adult. When it comes to adult adoption, the only purpose is to create inheritance rights between the adopted individual and the adoptive parent. Therefore, the adoption of an adult only creates inheritance rights between the adoptee and the adoptive parent. This rule is often referred to as the “stranger to the adoption” rule. This rule clearly states that an adopted adult may inherit from, but not through, the adoptive parent.
The difference between minor adoption versus adult adoption is the minor child is allowed to inherit through the adoptive parent. This means the minor child is allowed to inherit from relatives of the adoptive parent. An adult adoptee is only allowed to inherit from the adoptive parent and no one else.
The Uniform Probate Code (“UPC”) outlines the effect adoption has on intestate inheritance rights. Under UPC Section 2-116, “Except as otherwise provided in Section 2-119(b) through (e), if a parent-child relationship exists or is established under this section, the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession.”
UPC Section 2-119 states the following:
(a) [Parent-Child Relationship Between Adoptee and Genetic Parent.] Except as otherwise provided in subsections (b) through (e), a parent-child relationship does not exist between an adoptee and the adoptee’s genetic parents.
(b) [Stepchild Adopted by Stepparent.] A parent-child relationshop exists between an individual who is adopted by the spouse of either genetic parent and:
(1) the genetic parent whose spouse adopted the individual; and
(2) the other genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through the other genetic parent.
(c) [Individual Adopted by Relative of Genetic Parent.] A parent-child relationship exists between both genetic parents and an individual who is adopted by a relative of a genetic parent, or by the spouse or surviving spouse of a relative of a genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through either genetic parent.
(d) [Individual Adopted after Death of Both Genetic Parents.] A parent-child relationship exists between both genetic parents and an individual who is adopted after the death of both genetic parents, but only for the prupose of the right of the adoptee or a descednant of the adoptee to inherit through either genetic parent.
(e) [Child of Assisted Reproduction or Gestational Child Who is Subsequently Adopted.] If, after a parent-child relationship is established between a child of assisted reproduction and a parent or parents under Section 2-120 pr between a gestational child and a parent or parents under Section 2-121, the child is adopted by another or others, the child’s parent or parents under Section 2-120 or 2-121 are treated as the child’s genetic parent or parents for the purpose of this section.
Under Section 2-119(b), stepparent adoption does not affect inheritance rights between the adoptee and the genetic parent who is the stepparent’s spouse. Further, the adoptee retains inheritance rights from and through the other genetic parent, but the other genetic parent cannot inherit from or through the adoptee.
Under Section 2-119(c), if a relative of either genetic parent adopts the adoptee, the adoptee’s rights to inherit from the genetic parents remain in tact and the adoptee also retains inheritance rights from and through the relative. The genetic parents are unable to inherit through the adopted indivudal.
Under Section 2-119(d), adoption following the death of both genetic parents, the adoptee’s rights are preserved and the adoptee can inherit from and through the deceased parents. In addition, the adoptee is allowed to inherit from and through the adoptive parent. The deceased parents’ extended family loses inheritance rights from and through the adoptee.