Intestate Inheritance Rights for Adopted Children - Idaho

Birth Parents in Relation to Adopted Person

Citation: Idaho Code §§ 16-1509; 15-2-109

Unless the decree of adoption otherwise provides, the birth parents of an adopted person are relieved of all parental duties and responsibilities toward the adopted person, including the right of inheritance unless specifically provided by will.

For purposes of intestate succession, an adopted person is the child of an adopting parent and not the birth parents except that the adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent, and adoption by the spouse of a birth parent has no effect on the relationship between the child and a deceased, undivorced birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Idaho Code § 16-1508

An adopted person and adopting parent shall sustain toward each other the legal relation of parent and child and shall have all the rights and duties of that relation, including the right to inherit.

Adopted Persons Who Are Not Included in a Will

Citation: Idaho Code §§ 15-2-302; 15-2-611

If a testator fails to provide in his or her will for any of his or her children adopted after the execution of his or her 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 gave 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 with the intent that the transfer be in lieu of a testamentary provision.

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