Intestate Inheritance Rights for Adopted Children - North Carolina

Date: February 2016

Birth Parents in Relation to Adopted Person

Citation: Gen. Stat. § 48-1-106

After the entry of a decree of adoption, the birth parents or previous adopted parents are relieved of all legal duties and obligations due from them to the adopted person and are divested of all rights with respect to the adopted person.

However, neither an adoption by a stepparent nor a readoption pursuant to § 48-6-102 has any effect on the relationship between the child and the parent who is the stepparent's spouse.

Adoptive Parents in Relation to Adopted Person

Citation: Gen. Stat. § 48-1-106

From the date of the signing of the decree, the adopted person is entitled to inherit real and personal property by, through, and from the adoptive parent(s) in accordance with the statutes on intestate succession.

Adopted Persons Who Are Not Included in a Will

Citation: Gen. Stat. § 31-5.5

A will shall not be revoked by the subsequent adoption of a child by the testator, but any after-adopted child shall have the right to share in the testator's estate to the same extent he or she would have shared if the testator had died intestate unless:

  • The testator made some provision in the will for the child, whether adequate or not.
  • It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child.
  • The testator had children living when the will was executed, and none of the testator's children actually take under the will.
  • The surviving spouse receives all of the estate under the will.
  • The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not.