- The child died before reaching age 18; and
- There is clear and convincing evidence that immediately before the child’s death the parental rights of the parent could have been terminated based upon inaction of parent toward the child
- d. Posthumously born child
- Child conceived while the natural father is alive, but born after he dies
- As long as the wife gives birth within 280 days of husband’s death, rebuttable presumption that child is a natural child of the predeceased husband
- If born 280 days after husband’s death, burden is on child to establish the link
- 2. Adoption Generally
- a. If a child is adopted, the adopting parents usually step into the shoes of the natural parents
- P-C relationship established with the adopted child and adopted parents
- 1. Child inherits from and through the adopting parents, and vice versa
- §2-118: Adoption severs the P-C relationship between natural parents and child
- 1. Can no longer inherit from and through the natural parents
- 2. Natural parents can no longer inherit from and through the child
- b. §2-119(b): Where adoption is by a stepparent (spouse of natural parent)
- Does not affect the P-C relationship between adopted child and natural parent married to the adopting spouse
- Establishes a P-C relationship between adopting stepparent and the child, with full inheritance rights in both directions
- The other natural parent loses his or her right to inherit from and through the child, but child retains right to inherit from and through the other natural parent
- c. §2-119(c): Adoption by relative of parent
- Where a child is adopted by a relative of either natural parent, or the spouse or surviving spouse of such a relative, the child retains the right to inherit from and through both natural parents
- d. §2-119(d): Post-death adoption
- When a child is adopted after death of both natural parents, child retains right to inherit through both natural parents
- e. §2-113: Adoption and two lines of inheritance (LOOK UP IN BOOK 102)
- An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share
- f. Adult Adoptions
- Generally, adopted adults are treated the same as adopted children for inheritance purposes
- 3. Equitable Adoption
- a. Applies where the natural parents transfer custody of their child to a couple (or individual) who promises to adopt the child but fails to complete the paperwork to make it official
- Equity treats the child as a child of the adoptive parent for purposes of distributing the adoptive parent’s intestate property
- b. If requirements are established, child is entitled to receive their share of the adoptive parent’s probate estate
- Agreement between natural parents and adoptive parents to adopt the child
- 1. Need not be in writing, can be oral or implied
- Natural parents fully perform by giving up custody of the child
- Child fully performs by moving in and living with adoptive parents
- Adoptive parents partially perform by taking child in and raising it as their own
- Adoptive parents die intestate
- c. Different P-C relationship under equitable adoption