Intestate Inheritance Rights for Adopted Children - Alabama

Birth Parents in Relation to Adopted Person

Citation: Ala. Code § 43-8-48

For purposes of intestate succession, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the right of the child to inherit from or through either birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Ala. Code §§ 43-8-48; 26-10A-29

For purposes of intestate succession, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the right of the child to inherit from or through either birth parent.

After adoption, the adopted person shall be treated as if he or she was born to the adopting parents and shall have all rights and be subject to all of the duties arising from that relation, including the right of inheritance.

Adopted Persons Who Are Not Included in a Will

Citation: Ala. Code §§ 43-8-91; 43-8-230

If a testator fails to provide in his or her will for any of his or her children adopted after the execution of the will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:

• It appears from the will that the omission was intentional.
• When the will was executed, the testator had one or more children and devised substantially all his or her estate to the other parent of the omitted child.
• The testator provided for the child by transfer outside the will, and it can be reasonably proven that the transfer was intended to be in lieu of a testamentary provision.

Adopted persons are included in class gift terminology and terms of relationship in accordance with rules in determining relationships for purposes of intestate succession.