Intestate Inheritance Rights for Adopted Children - Delaware

Birth Parents in Relation to Adopted Person

Citation: Ann Code Tit. 13, § 920; Tit. 12, § 508

Upon the issuance of an adoption decree, the adopted child shall lose all rights of inheritance from his or her birth parents and their relatives. The rights of the birth parents or relatives to inherit from the child also shall cease. Adoption of the child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent for purposes of intestate succession.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Code Tit. 13 § 920

Upon the issuance of the adoption decree, the adopted child shall acquire the right to inherit from his or her adoptive parent(s) and their relatives, and the adoptive parent(s) and their relatives shall at the same time acquire the right to inherit from the adopted child.

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Code Tit. 13, § 920; Tit. 12, § 301

The rights of a child adopted after the making of a will by the adopting parent(s), shall be the same as the rights of an after-born child, as prescribed in Title 12, § 301.

A child born after his or her parent has made a last will and testament and for which such parent made no provision, vested or contingent, specifically or as member of a class, by will or otherwise, shall take the same portion of his or her parent's estate, both real and personal, that the child would have been entitled to if such parent had died intestate unless the testator has provided in the last will and testament that the birth of any child or children subsequently shall not affect the will.