Intestate Inheritance Rights for Adopted Children - South Dakota

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Birth Parents in Relation to Adopted Person

Citation: Ann. Laws § 29A-2-114

For purposes of intestate succession, an adopted person is no longer considered the child of that person's birth parents, except that:

  • Adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and the birth parent whose spouse has adopted the child or the right of the child or a descendant of the child to inherit from or through the other birth parent.
  • Adoption of a child by a birth grandparent or a descendant of a birth grandparent has no effect on the right of the child or a descendant of the child to inherit from or through either birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Laws § 29A-2-114

For purposes of intestate succession, an adopted individual is the child of that individual's adopting parent or parents.

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Laws §§ 29A-2-302; 29A-2-705

A child who is adopted by the testator after the execution of his or her will, who is neither mentioned nor provided for in the will, is entitled to receive a share in the estate as follows:

  • If the testator had no child living when the will was executed, the omitted after-adopted child receives a share in the estate equal in value to what the child would have received had the testator died intestate, unless the will gave all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
  • If the testator had one or more children living when the will was executed, and the will gave property or an interest in property to one or more of the then-living children:
    • The portion of the estate that the omitted after-adopted child is entitled to share is limited to the bequests made to the testator's then-living children.
    • The omitted after-adopted child is entitled to receive the portion of the property or interest in property that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom bequests were made and had given each child an equal share of the bequests.

Despite the above provisions, an omitted after-adopted child may not receive a share in the estate if the testator provided for the child by transfer outside the will with the intent that the transfer be in lieu of a testamentary provision.

Adopted individuals and their respective descendants, if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession.