Intestate Inheritance Rights for Adopted Children - Colorado

Birth Parents in Relation to Adopted Person

Citation: Rev. Stat. §§ 15-11-114(1); 15-11-119

A parent is barred from inheriting from or through a child of the parent if:

• The parent's parental rights were terminated and the parent-child relationship was not judicially reestablished.
• 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 on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.

Except as otherwise provided below, a parent-child relationship does not exist between an adoptee and the adoptee's genetic parents. A parent-child relationship exists between a person who is adopted by the spouse of either genetic parent and:

• The genetic parent whose spouse adopted the person
• The other genetic parent who is not a third-party donor, 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

A parent-child relationship exists between a person who is adopted by a second parent and:

• The genetic parent who consented to the adoption
• The other genetic parent, but only for the purpose of the right of the adoptee or a descendent of the adoptee to inherit from or through the other genetic parent

A parent-child relationship exists between both genetic parents and a person 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.

A parent-child relationship exists between both genetic parents and a person who is adopted after the death of both genetic parents, but only for the purpose of the adoptee or a descendant of the adoptee to inherit through either genetic parent.

Adoptive Parents in Relation to Adopted Person

Citation: Rev. Stat. § 19-5-211

After the entry of a final decree of adoption, the adopted person shall be, for all intents and purposes, the child of the petitioner. He or she is entitled to all the rights and privileges and all the obligations of a child born in lawful wedlock of the petitioner.

Adopted Persons Who Are Not Included in a Will

Citation: Rev. Stat. §§ 15-11-302; 15-11-705

Except as provided below, 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 after-adopted child receives a share in the estate as follows:

• If the testator had no child living when he or she executed the will, an omitted after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will gave all or substantially all the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
• If the testator has one or more children living when he or she executed the will, and the will gave property or an interest in property to one or more of the then-living children, an omitted after-adopted child is entitled to share in the estate as follows:
  • The portion of the estate that the omitted after-adopted child is entitled to share is limited to bequests made to the testator's then-living children under the will.
  • The omitted after-adopted child is entitled to receive the share of the estate that the child would have received had all omitted after-born and after-adopted children been included with the children to whom bequests were made and an equal share of the estate given to each child.

If it appears from the will that the omission was intentional or the testator provided for the omitted after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence, a share will not be received by the child.

A class gift that uses a term of relationship to identify class members includes adopted persons.