755 ILCS 5/2-4
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article II - Descent And Distribution

 (from Ch. 110 1/2, par. 2-4)Sec. 2-4.     Adopted child.(a) An adopted child is a descendant of the adopting parent for purposes  of inheritance from  the adopting parent and from the lineal and collateral kindred of the  adopting parent and for the purpose of determining the property rights of any  person under any instrument, unless the adopted child is adopted after  attaining the age  of 18 years and  the child never resided with the adopting parent before attaining the age of 18  years, in which case the adopted child is a child of the adopting parent but is  not a descendant of the adopting parent for the purposes of inheriting from the  lineal or collateral kindred of the adopting parent.  An adopted child and the  descendants of the child who is related to a decedent through more than one  line of relationship shall be entitled only to the share based on the  relationship which entitles the child or descendant to the largest share.  The  share to which the child or descendant is not entitled shall be distributed in  the same manner as if the child or descendant never existed.  For purposes of inheritance, the changes made by this amendatory Act of 1997  apply to all decedents who die on or after January 1, 1998.  For the purpose of  determining the property rights of any person under any instrument, the changes  made by this amendatory Act of 1997 apply to all instruments executed on or  after January 1, 1998.(b) An adopting parent and the lineal and collateral kindred of the adopting  parent shall  inherit property from an adopted child to the exclusion of the natural parent  and the  lineal and collateral kindred of the natural parent in the same manner as  though the adopted  child were a natural child of the adopting parent, except that the natural  parent and the  lineal or collateral kindred of the natural parent shall take from the child  and the child's  kindred the property that the child has taken from or through the natural  parent or the lineal  or collateral kindred of the natural parent by gift, by will or under intestate  laws.(c) For purposes of inheritance from the child and his or her kindred  (1) the person who at  the time of the adoption is the spouse of an adopting parent is an adopting  parent  and (2) a child is adopted when the child has been or is declared by any court  to have been adopted or has been or is declared or assumed to be the adopted  child of the testator or grantor in any instrument bequeathing or giving  property to the child.(d) For purposes of inheritance from or through a natural parent and for  determining the property rights of any person under any instrument, an adopted  child  is not a child of a natural parent, nor is the child a descendant of a natural  parent or of any lineal or collateral kindred of a natural parent, unless one  or more of the following conditions apply:(1) The child is adopted by a descendant or a spouse     of a descendant of a great-grandparent of the child, in which case the adopted child is a child of both natural parents.(2) A natural parent of the adopted child died before     the child was adopted, in which case the adopted child is a child of that deceased parent and an heir of the lineal and collateral kindred of that deceased parent.(3) The contrary intent is demonstrated by the terms     of the instrument by clear and convincing evidence.An heir of an adopted child who, by reason of this subsection (d), is not a  child  of a natural parent is also not an heir of that natural parent or of the lineal  or collateral kindred of that natural parent.  A fiduciary who has actual  knowledge that a person has been adopted, but who has no actual knowledge that  any of paragraphs (1), (2), or (3) of this subsection apply to the adoption,  shall have no liability for any action taken or omitted in good faith on the  assumption that the person is not a descendant or heir of the natural parent.  The preceding  sentence is intended to affect only the liability of the fiduciary and shall  not affect the property rights of any person.For purposes of inheritance, the changes made by this amendatory Act of 1997  apply to all decedents who die on or after January 1, 1998.  For the purpose of  determining the property rights of any person under any instrument, the changes  made by this amendatory Act of 1997 apply to all instruments executed on or  after January 1, 1998.(e) For the purpose of determining the property rights of any person under  any instrument executed on or after September 1, 1955, an adopted child is  deemed  a child born to the adopting parent unless the contrary  intent is  demonstrated by the terms  of the instrument by clear and convincing evidence.(f) After September 30, 1989, a child adopted at any time before or  after that date is deemed a child born to the adopting parent for the  purpose of determining the property rights of any person under any  instrument executed before September 1, 1955, unless one or more of the  following conditions applies:(1) The intent to exclude such child is demonstrated     by the terms of the instrument by clear and convincing evidence.(2) An adopting parent of an adopted child, in the     belief that the adopted child would not take property under an instrument executed before September 1, 1955, acted to substantially benefit such adopted child when compared to the benefits conferred by such parent on the child or children born to the adopting parent.  For purposes of this paragraph:(i) "Acted" means that the adopting parent made         one or more gifts during life requiring the filing of a federal gift tax return or at death (including gifts which take effect at death), or exercised or failed to exercise powers of appointment or other legal rights, or acted or failed to act in any other way.(ii) Any action which substantially benefits the         adopted child shall be presumed to have been made in such a belief unless a contrary intent is demonstrated by clear and convincing evidence.(g) No fiduciary or other person shall be liable to any other person for  any action taken or benefit received prior to October 1, 1989, under any  instrument executed before September 1, 1955,  that was based on a good faith interpretation of  Illinois law regarding the right of adopted children to take property under  such an instrument.(h) No fiduciary under any instrument executed before September 1, 1955,  shall have any obligation to determine whether any adopted child has become  a taker under such instrument due to the application of subsection (f)  unless such fiduciary has received, on or before the "notice date", as  defined herein, written evidence that such adopted child has become a  taker of property.  A fiduciary who has received such written evidence  shall determine in good faith whether or not any of the conditions  specified in subsection (f) exists but shall have no obligation to inquire  further into whether such adopted child is a taker of property pursuant to  such subsection.  Such written evidence shall include a sworn statement by  the adopted child or his or her parent or guardian that such child is  adopted and to the best of the knowledge and  belief of such adopted child or such parent or guardian, none of the  conditions specified in such subsection exists.  The "notice date" shall be  the later of February 1, 1990, or the expiration of 90 days after the  date on which the adopted child becomes a taker of property pursuant to the  terms of any instrument executed before September 1, 1955.(i) A fiduciary shall advise all persons known to him or her to be  subject to these provisions of the existence of the right to commence a  judicial proceeding to prevent the adopted child from being a taker of  property under the instrument.    (Source: P.A. 90-237, eff. 1-1-98.)