Title 19, Chapter 8, Section 19
( 19-8-19)
(a) A decree of adoption, whether issued by a court of this state or
by a court of any other jurisdiction, shall have the following
effect as to matters within the jurisdiction of or before a court in
this state: (1) Except with respect to a spouse of the petitioner and
relatives of the spouse, a decree of adoption terminates all legal
relationships between the adopted individual and his relatives,
including his parent, so that the adopted individual thereafter is
a stranger to his former relatives for all purposes, including
inheritance and the interpretation or construction of documents,
statutes, and instruments, whether executed before or after the
adoption is decreed, which do not expressly include the individual
by name or by some designation not based on a parent and child or
blood relationship; and (2) A decree of adoption creates the relationship of parent and
child between each petitioner and the adopted individual, as if
the adopted individual were a child of biological issue of that
petitioner. The adopted individual shall enjoy every right and
privilege of a biological child of that petitioner; shall be
deemed a biological child of that petitioner, to inherit under the
laws of descent and distribution in the absence of a will, and to
take under the provisions of any instrument of testamentary gift,
bequest, devise, or legacy, whether executed before or after the
adoption is decreed, unless expressly excluded therefrom; shall
take by inheritance from relatives of that petitioner; and shall
also take as a "child" of that petitioner under a class gift made
by the will of a third person. (b) Notwithstanding the provisions of subsection (a) of this Code
section, if a parent of a child dies without the relationship of
parent and child having been previously terminated by court order or
unrevoked surrender of parental rights to the child, the child's
right of inheritance from or through the deceased parent shall not
be affected by the adoption. |