Intestate Inheritance Rights for Adopted Children - Ohio

Birth Parents in Relation to Adopted Person

Citation: Rev. Code § 3107.15

Except with respect to the spouse of the petitioner and relatives of the spouse, the final adoption decree terminates all legal relationships between the adopted person and the adopted person's birth parents or other legal parents and relatives, for all purposes including inheritance.

If a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child's rights from or through the deceased parent for all purposes, including inheritance, are not restricted or curtailed by the adoption.

Adoptive Parents in Relation to Adopted Person

Citation: Rev. Code § 3107.15

The adoption decree creates the relationship of parent and child between the petitioner and the adopted person, as if the adopted person were a birth descendant of the petitioner, for all purposes including inheritance. A person who is age 18 or older at the time the person is adopted, and the adopted person's lineal descendants, are not included as recipients of gifts, devises, bequests, or other transfers of property for purposes of inheritance, unless the document or instrument expressly includes the adopted person by name or expressly states that it includes a person who is age 18 or older at the time the person is adopted.

Adopted Persons Who Are Not Included in a Will

Citation: Rev. Code § 2107.34

If, after making a last will and testament, a testator adopts a child and no provision has been made in such will or by settlement for such pretermitted child or heir, or for the issue thereof, the will shall not be revoked. Unless it appears by such will that it was the intention of the testator to disinherit such pretermitted child or heir, the bequests and legacies granted by such will, except those to a surviving spouse, shall be abated proportionately, or in such other manner as is necessary to give effect to the intention of the testator as shown by the will, so that such pretermitted child or heir will receive a share equal to that which such person would have been entitled to receive out of the estate if such testator had died intestate with no surviving spouse, owning only that portion of the testator's estate not bequeathed to or for the use and benefit of a surviving spouse. If such child or heir dies prior to the death of the testator, the issue of such deceased child or heir shall receive the share the parent would have received if living.