Adoption and Inheritance in North Dakota
Adoption in North Dakota has significant implications on inheritance rights. The legal relationship between an adopted child and their biological parents is severed, and a new legal relationship is established with the adoptive parents. This change in legal status directly impacts the inheritance rights of the adopted child.
Termination of Biological Parent-Child Relationship
According to North Dakota Century Code 14-15-14, a final decree of adoption relieves the biological parents of all parental rights and responsibilities. This includes the termination of all legal relationships between the adopted individual and their biological relatives. Consequently, the adopted individual becomes a stranger to their former relatives for all purposes, including inheritance. This means that an adopted child does not have a legal right to inherit from their biological parents unless explicitly stated in a will or other legal document (14-15-14(1)(a)).
Establishment of Adoptive Parent-Child Relationship
The same statute (14-15-14) also establishes that an adoption decree creates the relationship of parent and child between the petitioner (adoptive parent) and the adopted individual. This relationship is as if the adopted individual were a legitimate blood descendant of the petitioner. For all purposes, including inheritance, the adopted child is treated as a biological child of the adoptive parents. This means that an adopted child has the same rights to inherit from their adoptive parents as a biological child would (14-15-14(1)(b)).
Exception: Death of a Biological Parent
There is an exception to the termination of inheritance rights from biological parents. If a biological parent dies without the parent-child relationship being previously terminated and a spouse of the living parent subsequently adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption (14-15-14(2)). This provision ensures that the adopted child retains their inheritance rights from their deceased biological parent, even after being adopted by the living parent’s spouse.
Adoption by Stepparent or Other Relative
In cases where a child is adopted by a stepparent or other relative, an order of custody or visitation to a nonparent remains in effect and is not changed by the adoption unless modified by the court (14-09.4-16). This provision does not directly address inheritance but may have implications on inheritance rights, especially in cases where a nonparent with visitation rights dies.
Conclusion
In North Dakota, adoption significantly affects inheritance rights. An adopted child is generally unable to inherit from their biological parents but gains the right to inherit from their adoptive parents. Exceptions exist, particularly when a biological parent dies before the adoption or when the child is adopted by a stepparent or other relative. As always, specific circumstances can affect these general rules, and individuals should consult with a legal professional for advice tailored to their situation.