Intestate Inheritance Rights for Adopted Children - Maryland

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Birth Parents in Relation to Adopted Person

Citation: Fam. Law §§ 5-341, 5-352, 5-3A-36, 5-3B-25; Est. & Trusts § 1-207

After an order of adoption has been entered, each of the adopted person's living birth parents is relieved of all parental duties and obligations to the adopted person and divested of all parental rights as to the adopted person.

Upon adoption, a child no longer shall be considered a child of either birth parent, except that upon adoption by the spouse of a birth parent, the child shall still be considered the child of that birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Fam. Law §§ 5-341, 5-352, 5-3A-36, 5-3B-25; Est. & Trusts § 1-207

After an order for adoption has been entered, the adopted person is considered the child of the adoptive parent(s) for all intents and purposes and is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent(s). An adopted child shall be treated as a birth child of his adopting parent(s).

Adopted Persons Who Are Not Included in a Will

Citation: Est. & Trusts § 3-301

A will may not be revoked by the subsequent adoption of a child by the testator except under the circumstances referred to in § 4-105 (3).

A child described above or the issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with § 3-302 and § 3-303, if:

  • The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will.
  • The child was born, adopted, or legitimated after the execution of the will.
  • The child or the child's issue survives the testator.
  • The will does not expressly state that the child or issue should be omitted.