§560:2-114 Parent and child relationship. (a) Except as provided in subsections (b) and (c), for purposes of intestate succession by, through, or from a person, an individual is the child of the child's natural parents, regardless of their marital status. The parent and child relationship may be established under chapter 584.
(b) An adopted individual is the child of the child's adopting parent or parents and not of the child's natural parents, except that:
(1) Adoption of a child by the spouse or reciprocal beneficiary of either natural parent has no effect on:
(A) The relationship between the child and that natural parent; or
(B) The right of the child or a descendant of the child to inherit from or through the other natural parent; and
(2) Adoption of a child during such child's minority by the spouse or reciprocal beneficiary of a natural parent of the child, by a natural grandparent, aunt, uncle, or sibling of the child or the spouse or reciprocal beneficiary of a natural grandparent, aunt, uncle, or sibling of the child has no effect on the relationship between the child and either natural parent, for the limited purpose of interpretation or construction of a disposition in any will, trust, or other lifetime instrument, whether executed before or after the order of adoption, and for the purposes of determining the heirs at law of a natural family member of the child.
(c) Inheritance from or through a child by either natural parent or the parent's kindred is precluded unless that natural parent has openly treated the child as the natural parent's, and has not refused to support the child.
(d) For the purposes of this section, if a person has been adopted more than once, the term "natural parent" includes an adopting parent by an earlier adoption. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
Case Notes
The term "may", as set forth in subsection (a), is permissive, and, for purposes of intestate succession, a purported heir may establish his or her parent-child relationship with the decedent by any means permitted by statute, including, but not limited to, chapter 584. 103 H. 275, 81 P.3d 1190 (2003).
Trial court did not err in failing to apply this section as it did not apply to either the testamentary trust or the life insurance trust for purposes of determining whether daughter was the "issue" of natural father. 105 H. 284, 96 P.3d 1098 (2004).
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