Intestate Inheritance Rights for Adopted Children - Vermont

Date: February 2016

Birth Parents in Relation to Adopted Person

Citation: Ann. Stat. Tit. 15A, §§ 1-105 4-102

All parental rights and duties of the former parent of the adopted person terminate, including the right of inheritance and intestate succession from or through the adopted person, upon final decree of adoption. The child's right to inherit through intestacy from or through the former parents and their kindred also terminates.

An adoption by a stepparent does not affect:

  • The legal relationship between the adopted person and his or her parent who is the adoptive stepparent's spouse or deceased spouse
  • The right of the adopted person or his or her descendant to inheritance or intestate succession through or from the adoptee's former parent

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Stat. Tit. 15A, § 1-104

The adoptive parent(s) and the adopted person have the legal relation of parent and child and have all the rights and duties of that relationship, including the right of inheritance and succession from or through each other and the kindred of the adoptive parent(s).

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Stat. Tit. 14, § 333

When a testator omits to provide in his or her will for any of his or her children, or for the issue of a deceased child, and it appears that such omission was made by mistake or accident, such child or its issue shall have the same share of the estate of the testator as if he or she had died intestate, to be assigned as in case of intestate estates.