Intestate Inheritance Rights for Adopted Children - Kentucky

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Birth Parents in Relation to Adopted Person

Citation: Rev. Stat. § 199.520

Upon granting an adoption, all legal relationships between the adopted child and the birth parents shall be terminated, except the relationship of a birth parent who is the spouse of an adoptive parent.

Adoptive Parents in Relation to Adopted Person

Citation: Rev. Stat. § 199.520

Upon entry of the judgment of adoption, the child shall be deemed the child of the petitioners and shall be considered for purposes of inheritance and succession and for all other legal considerations the birth child of the parents adopting them as if they had been born to them.

Adopted Persons Who Are Not Included in a Will

Citation: Rev. Stat. § 394.382

If a testator fails to provide in their will for any of their children who were adopted after the execution of their will, the omitted child receives a share in the estate equal in value to that which they 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 bequeathed substantially all their estate to the other parent of the omitted child.
  • The testator provided for the child by transfers outside the will with the intent that the transfers be in lieu of a testamentary provision.