Alabama
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May inherit for determinations before 5/7/84. For determinations on or after 5/7/84,
may inherit only if child is adopted by the spouse of a natural parent.
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Alaska
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May inherit.
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American Samoa
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Submit to the Office of General Counsel (OGC) under GN 01010.815 ff.
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Arizona
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Submit to OGC if either interlocutory or final decree of adoption entered before 5/26/52.
If both decrees entered on or after that date, child may not inherit unless natural
parent is spouse of adopting parent.
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Arkansas
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May inherit if adopted prior to 7/5/77. Effective with adoptions on or after that
date, child may not inherit unless natural parent is spouse of adopting parent.
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California
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May not inherit unless natural parent is spouse of adopting parent and retains custody
and control of child.
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Colorado
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May inherit if natural parent died before 5/1/61. If natural parent died on or after
that date, child may not inherit unless natural parent is spouse of adopting parent.
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Connecticut
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May not inherit.
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Delaware
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May inherit if natural parent died before 7/1/52. If natural parent of child adopted
after 6/30/52 dies after that date, child may not inherit unless natural parent is
spouse of adopting parent. If adoption occurs before 7/1/52 and natural parent dies
after that date, submit to OGC under GN 01010.815 ff.
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District of Columbia
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Child adopted after 8/24/37 may not inherit from natural parent unless natural parent
is spouse of adopting parent.
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Florida
|
On or after 1/1/76, a child can inherit from the adopting parent(s) who die on or
after that date but not from the natural parent(s) unless the child is adopted by
the spouse of the natural parent. If the adopting or natural parent(s) died prior
to 1/1/76, the adopted child could inherit from either or both the natural and adopting
parent(s).
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Georgia
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Prior to 1/1/78, may inherit.
Effective 1/1/78, may not inherit except in limited circumstances where the parent
died without having surrendered or terminated parental rights. Parental rights have
not been surrendered or terminated when the parent:
-
-
•
Cannot be found after diligent search, or
-
•
Is insane or otherwise incapacitated from surrendering such rights, and the court
is of the opinion that adoption is for the child's best interest.
Surrender or termination of parental rights is not a prerequisite to adoption if the
petitioner for adoption is the spouse of the child's other parent, is the brother,
sister, aunt, or uncle of the child, or is the son or daughter of either parent if
the parent failed for one year or longer prior to the filing of the adoption petition
to communicate (or make a bonafide effort to communicate) with the child, or provide
for the care and support of the child under law or pursuant to a judicial decree if
the court believes adoption is in the child's best interest.
Submit to OGC under GN 01010.815 ff. if there is a question about whether parental rights have been surrendered or
terminated.
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Guam
|
Submit to OGC under GN 01010.815 ff.
|
Hawaii
|
May not inherit unless natural parent is spouse of adopting parent and dies on or
after 7/1/53. If natural parent is spouse of adopting parent but dies before 7/1/53,
submit to OGC under GN 01010.815 ff.
|
Idaho
|
May not inherit unless the natural parent is the spouse or surviving spouse of adopting
parent. If biological parent died on or after 7/1/69 and before 1/1/77, child may
not inherit unless he/she had attained majority at the time of adoption or was related
to one or both of the adoptive parents within the fourth degree of consanguinity.
Prior to 7/1/72, a child attained majority at age 21 or marriage, whichever occurred
first. Beginning 7/1/72, a child attained majority at age 19 or marriage, whichever
occurs first. Submit to OGC under GN 01010.815 ff. cases involving questions about the degree of consanguinity.
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Illinois
|
May inherit if natural parent died before 1/1/98. If natural parent of child dies
on or after 1/1/98, child may not inherit unless the child is adopted by a descendant
or spouse of a descendant of a great-grandparent, or the natural parent died before
the child was adopted.
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Indiana
|
May inherit if natural parent died before 1/1/54. If natural parent dies after 12/31/53,
child adopted during minority may not inherit unless natural parent is spouse of adopting
parent. If natural parent dies after 7/5/61, child adopted during minority may not
inherit unless such deceased natural parent or other natural parent is spouse of adopting
parent and child was born in wedlock.
|
Iowa
|
May not inherit unless the natural parent is the spouse or surviving spouse of adopting
parent. If biological parent died on or after 7/1/69 and before 1/1/77, child may
not inherit unless he/she had attained majority at the time of adoption or was related
to one or both of the adoptive parents within the fourth degree of consanguinity.
Prior to 7/1/72, a child attained majority at age 21 or marriage, whichever occurred
first. Beginning 7/1/72, a child attained majority at age 19 or marriage, whichever
occurs first. Submit to OGC under GN 01010.815 ff. cases involving questions about the degree of consanguinity. The law in Iowa
was amended to extinguish an adopted person's right of intestate succesion. Since
1981, an adopted child has no right to inherit from a biological parent. The only
exception to the rule is that an adoption of a person by the spouse or surviving spouse
of a biological parent has no effect on the relationship for inheritance purposes
between the adopted person and the biological parent.
|
Kansas
|
May inherit.
|
Kentucky
|
May inherit if natural parent died before 2/27/56. If natural parent dies after 2/26/56,
child may not inherit unless natural parent is spouse of adopting parent.
|
Louisiana
|
May inherit.
|
Maine
|
May inherit.
|
Maryland
|
May inherit if natural parent died prior to 6/1/63. If natural parent died after 5/31/63,
child may not inherit.
|
Massachusetts
|
May inherit if natural parent died before 7/4/67. If adopted before natural parent's
death and natural parent dies after 7/3/67, child may not inherit. Effective 4/1/00,
although termination of parental rights of a child by way of a parental release given
for purpose of adopting does not affect the child’s right to inherit from that parent,
if the child is later adopted (or an interlocutory adoption decree is entered that
is not later vacated or reversed), the child can inherit only from his or her adoptive
parents, and not a natural parent whose rights were terminated. However, if a child
is adopted by the spouse of a natural parent (i.e., a stepparent), this does not affect
the child’s right to inherit from either natural parent, except that if a court terminates
the other natural parent’s parental rights, the child can no longer inherit from that
parent.
|
Michigan
|
May inherit if natural parent died before 1/1/75. If natural parent died on or after
1/1/75, child may not inherit. This is a change of position effective 1/21/85. Effective 4/1/00, although termination of parental rights of a child by way of a
parental release given for purposes of adoption does not affect the child’s right
to inherit from that parent, if the child is later adopted (or an interlocutory adoption
decree is entered that is not later vacated or reversed), the child can inherit only
from his or her adoptive parents, and not from a natural parent whose rights were
terminated. However, if a child is adopted by the spouse of a natural parent (i.e.,
a stepparent), this does not affect the child’s right to inherit from either natural
parent, except that if a court terminates the other natural parent’s parental rights,
the child can no longer inherit from that parent.
|
Minnesota
|
May inherit if child adopted before 4/19/51. If adopted after 4/18/51, may not inherit
unless natural parent of spouse of an adopting parent.
|
Mississippi
|
May inherit unless provided otherwise in adoption decree.
|
Missouri
|
May not inherit except in some cases where adoption is by stepparent. When this is
the case and natural parent who is spouse of stepparent is joint petitioner, child
may inherit from such natural parent who dies after 5/20/48. Submit other cases where
the natural parent is the spouse of the adopting stepparent to the RCC under GN 01010.815 ff.
|
Montana
|
May inherit if natural parent died before 10/1/81. If natural parent dies after 9/30/81,
child may not inherit unless a natural parent is the spouse of the adopting parent.
|
Nebraska
|
May inherit if natural parent died before 1/1/77 unless child was adopted before 8/29/42
and the terms and conditions of consent and petition for adoption provide otherwise.
If natural parent dies on or after 1/1/77, child may not inherit unless natural parent
is spouse of adopting parent.
|
Nevada
|
May inherit if parent died before 3/28/53. If parent dies after 3/27/53, child may
not inherit unless natural parent is spouse of adopting parent.
|
New Hampshire
|
May not inherit.
|
New Jersey
|
May inherit if natural parent died before 1/1/54. If natural parent dies after 12/31/53
and prior to 7/21/66, child may not inherit unless natural parent is spouse of adopting
parent and consented to adoption. If either natural parent dies after 7/20/66, child
may inherit from such natural parent if adopting parent is spouse of one natural parent
and that natural parent consented to adoption.
|
New Mexico
|
May inherit if natural parent died before 6/8/51. If natural parent dies on or after
that date, child may not inherit unless natural parent is spouse of adopting parent.
|
New York
|
May inherit if natural parent died before 3/1/64. If natural parent died on or after
that date, child may not inherit unless natural parent is spouse of adopting parent
and consented to adoption.
|
North Carolina
|
May inherit if adopted before 3/15/41. For adoptions on or after 3/15/41 through 3/10/49,
a child adopted for life may not inherit except where otherwise the estate would revert
to the State. A child adopted only for his/her minority may inherit.
A child adopted on or after 3/11/49 may not inherit except where adoption proceedings
began before that date and were completed after that date in accordance with law in
effect from 3/15/41 through 3/10/49. In such cases the above rule covering that period
would apply. A child adopted after 1/11/55 may not inherit.
|
North Dakota
|
Children adopted by proceedings which were pending on or before 7/1/71 may inherit.
If adoption proceedings instituted after that date, child may not inherit except from
a natural parent who:
-
•
Is the spouse of the petitioner in the adoption proceedings, or
-
•
Died without the parent-child relationship having been terminated when the child is
subsequently adopted by a spouse of the surviving natural parent.
|
Ohio
|
Child generally may not inherit after 8/27/51. However, if natural parent is spouse
of adopting parent, inheritance rights are not terminated unless there is evidence
of relinquishment or forfeiture of rights by the natural parent. Submit case to OGC
under GN 01010.815 ff. if natural parent is spouse of adopting parent and there is reason to believe
natural parents' rights may have terminated.
|
Oklahoma
|
May inherit.
|
Oregon
|
May inherit if natural parent died before 7/21/53. If natural parent dies on or after
7/21/53, child may not inherit unless natural parent is spouse of adopting parent.
These rules apply regardless of date or place of adoption.
|
Pennsylvania
|
May not inherit unless natural parent is spouse of adopting parent.
|
Puerto Rico
|
Child adopted after 9/12/53 may not inherit. Child adopted before 9/13/53 may inherit
unless petition that adoption be governed by law in effect after 9/12/53 is granted.
|
Rhode Island
|
May inherit.
|
South Carolina
|
May not inherit, effective 1/1/76.
|
South Dakota
|
May inherit.
|
Tennessee
|
May inherit from natural father only if that natural parent is married to the adopting
parent.
|
Texas
|
May inherit, unless court decree specifically terminates inheritance rights.
|
Utah
|
May inherit.
|
Vermont
|
May inherit.
|
Virgin Islands
|
Submit to OGC under GN 01010.815 ff.
|
Virginia
|
May inherit if natural parent died before 6/30/54. If natural parent dies after 6/29/54,
child may not inherit unless adopted by a stepparent.
|
Washington
|
May inherit if natural parent died before 7/1/67. If natural parent died after 6/30/67,
child may not inherit.
|
West Virginia
|
May inherit if natural parent died before 3/11/59. If natural parent dies after 3/10/59,
child may not inherit unless natural parent is spouse of adopting parent.
|
Wisconsin
|
May inherit if natural parent died before 7/1/56. If natural parent dies after 6/30/56,
child may not inherit unless natural parent is spouse of adopting parent.
|
Wyoming
|
May inherit.
|