Updates
Amended April 8, 2022 by St. 2022, c. 44, § 1, effective July 7, 2022.
(a)
Except as provided in subsection (b), for purposes of intestate succession by, through, or from a person, an individual is the child of his natural parents, regardless of their marital status. The parent and child relationship may be established under applicable state law.
(b)
An adopted individual is the child of his adopting parent or parents and not of his natural parents, but adoption of a child by the spouse of either natural parent has no effect on the right of the child or a descendant of the child to inherit from or through either natural parent. The court may decree that the rights of succession to property under this section, or under former section 7 of chapter 210, shall vest in an adopted individual as of the date of the filing of the petition for adoption.
(c)
No adopted individual shall, by being adopted by any person related by consanguinity to the adopted individual, lose their right to inherit from their natural parents or kindred.
Comment
Subsection (a)
Subsection (a) sets forth the general rule: For purposes of intestate succession, a child is the child of his or her natural parents, regardless of their marital status. This is a change from G.L. c. 190, Sections 5-7, under which a person born out of wedlock is deemed the heir of his or her mother, while rights with respect to the father require a determination of paternity. The parent and child relationship will be established under applicable state law, and this should include the provisions in G.L. c. 190, Section 7, expanded to cover the establishment of parenthood, not just of paternity. Intestate shares run to “descendants” which includes adopted children, Section 2-103.
Subsection (b)
Subsection (b) contains exceptions to the general rule of subsection (a). Subsection (b) states the rule that, for inheritance purposes, an adopted individual becomes part of the adopting family and is no longer part of the natural family. However, an individual who is adopted by his or her stepparent (the spouse of the custodial natural parent) becomes part of the adopting stepparent's family for inheritance purposes but also continues to be part of the family of both natural parents. With respect to the noncustodial natural parent and that parent's family, the adopted individual and the adopted individual's descendants continue to have a right of inheritance from and through that noncustodial natural parent, but that noncustodial natural parent and that noncustodial natural parent's family do not have a right to inherit from or through the adopted individual.
Massachusetts comment
Chapter 140 of the Acts of 2012 added the last sentence of subsection (b) and repealed sections 7 and 8 of G.L. c. 210.
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| Last updated: | July 7, 2022 |
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