Intestate Inheritance Rights for Adopted Children - Indiana

Date: February 2016

Birth Parents in Relation to Adopted Person

Citation: Ann. Code § 29-1-2-8

For all purposes of intestate succession, an adopted child shall cease to be treated as a child of the birth parent(s) and any previous adopting parent(s). However, if a birth parent of a child born in or out of wedlock marries the adopting parent, the adopted child shall inherit from the child's birth parent as though the child had not been adopted, and from the child's adoptive parent as though the child were their birth child. In addition, if a person who is related to a child within the sixth degree adopts the child, the child shall upon the occasion of each death in the child's family have the right of inheritance through the child's birth parents or adopting parents, whichever is greater in value in each case.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Code § 29-1-2-8

For all purposes of intestate succession, an adopted child shall be treated as a natural child of the child's adopting parent(s).

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Code § 29-1-3-8

When a testator fails to provide in his or her will for any of his or her children who were adopted after the making the will, the child shall receive 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 such omission was intentional, or unless when the will was executed the testator had one or more children known to him or her to be living and bequeathed substantially all his or her estate to the spouse who survives him or her.