Intestate Inheritance Rights for Adopted Children - Illinois

Date:

Birth Parents in Relation to Adopted Person

Citation: Cons. Stat. Ch. 755, § 5/2-4(b), (d)

The birth parent and lineal and collateral kindred of the birth parent shall take from the adopted person and the adopted person's kindred the property that the adopted person has taken from or through the birth parent or birth relatives by gift, will, or under intestate laws.

For purposes of inheritance from or through a birth parent, an adopted child is not a child of a birth parent, nor is the child a descendant of a birth parent or of any lineal or collateral kindred of a birth parent, unless one or more of the following conditions apply:

  • 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 birth parents.
  • A birth 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.
  • The contrary intent is demonstrated by the terms of the instrument by clear and convincing evidence.

Adoptive Parents in Relation to Adopted Person

Citation: Cons. Stat. Ch. 755, § 5/2-4(a), (b)

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 age 18 and never resided with the adopting parent before age 18, 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 adopting parent and the lineal and collateral kindred of the adopting parent shall inherit property from an adopted child to the exclusion of the birth parent and the lineal and collateral kindred of the birth parent in the same manner as though the adopted child were a birth child of the adopting parent.

Adopted Persons Who Are Not Included in a Will

This issue is not addressed in the statutes reviewed.