§ 920 — Effect of adoption on inheritance

(a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from its natural parent or parents and from their collateral or lineal relatives. The rights of the natural parent or parents or their collateral or lineal relatives to inherit from such child shall cease upon the adoption.

(b) Upon the issuance of a decree of adoption, the adopted child shall acquire the right to inherit from its adoptive parent or parents and from the collateral or lineal relatives of such adoptive parent or parents, and the adoptive parent or parents and the collateral or lineal relatives of the adoptive parent or parents shall at the same time acquire the right to inherit from the adopted child.

(c) Nothing contained in this section shall limit in any way the right of any person to provide for the disposition of such person’s property by will. The rights of a child adopted after the making of a will by the adopting parent or parents shall be the same as the rights of an after-born child, as prescribed in § 301 of Title 12. When the adopting parent is a stepparent, married to the birth or legal parent, nothing contained in this section shall affect the rights of inheritance between the child and the birth or legal parent or their collateral or lineal relatives.

Legislative History

Code 1935, § 3551J; 48 Del. Laws, c. 134, § 3 ; 13 Del. C. 1953, § 920; 68 Del. Laws, c. 259, § 1 ; 84 Del. Laws, c. 42, § 1