Intestate Inheritance Rights for Adopted Children - Virginia

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Birth Parents in Relation to Adopted Person

Citation: Ann. Code § 64.2-102

For the purpose of determining rights to property or to determine succession by, through, or from a person, an adopted person is not the child of the 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 either birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Code § 64.2-102

For the purpose of determining rights to property or to determine succession by, through, or from a person, an adopted person is the child of the adopting parent(s).

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Code §§ 64.2-419; 64.2-420

If a testator executes a will when the testator has no children, a child born or adopted after the execution of the will, or any descendant, who is neither provided for nor mentioned in the will is entitled to such portion of the testator's estate as he or she would have been entitled to if the testator had died intestate. If the after-adopted child dies unmarried, without issue, and before reaching age 18, his or her portion of the estate shall revert to the person to whom it was given by the will.

If a testator executes a will that makes provision for a living child of the testator, a child born or adopted after execution of a testator's will who is neither provided for nor expressly excluded by the will is entitled to the lesser of (i) such portion of the testator's estate as the after-adopted child would have been entitled to if the testator had died intestate or (ii) the equivalent in amount to any bequests and devises to any child named in the will, and if there are bequests or devises to more than one child, then to the largest aggregate bequest or devise to any child. If the after-adopted child dies unmarried, without issue, and before reaching age 18, his or her portion of the estate shall revert to the person to whom it was given by the will.