2013 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 803 - Termination of Parental Rights and Adoption
Section 45a-731 - (Formerly Sec. 45-64a). Effects of final decree of adoption. Surviving rights.

A final decree of adoption, whether issued by a court of this state or a court of any other jurisdiction, shall have the following effect in this state:

(1) All rights, duties and other legal consequences of the biological relation of child and parent shall thereafter exist between the adopted person and the adopting parent and the relatives of such adopting parent. Such adopted person shall be treated as if such adopted person were the biological child of the adopting parent, for all purposes including the applicability of statutes which do not expressly exclude an adopted person in their operation or effect;

(2) The adopting parent and the adopted person shall have rights of inheritance from and through each other and the biological and adopted relatives of the adopting parent. The right of inheritance of an adopted person extends to the heirs of such adopted person, and such heirs shall be the same as if such adopted person were the biological child of the adopting parent;

(3) The adopted person and the biological children and other adopted children of the adopting parent shall be treated, unless otherwise provided by statute, as siblings, having rights of inheritance from and through each other. Such rights of inheritance extend to the heirs of such adopted person and of the biological children and other adopted children, and such heirs shall be the same as if each such adopted person were the biological child of the adopting parent;

(4) The adopted person shall, except as hereinafter provided, be treated as if such adopted person were the biological child of the adopting parent for purposes of the applicability of all documents and instruments, whether executed before or after the adoption decree is issued, which do not expressly exclude an adopted person in their operation or effect. The words “child”, “children”, “issue”, “descendant”, “descendants”, “heir”, “heirs”, “lawful heirs”, “grandchild” and “grandchildren”, when used in any will or trust instrument shall include legally adopted persons unless such document clearly indicates a contrary intention. Nothing in this section shall be construed to alter or modify the provisions of section 45a-257 concerning revocation of a will when a child is born as the result of artificial insemination;

(5) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724, the legal relationship between the adopted person and the adopted person’s biological parent or parents and the relatives of such biological parent or parents is terminated for all purposes, including the applicability of statutes which do not expressly include such an adopted person in their operation and effect. The biological parent or parents of the adopted person are relieved of all parental rights and responsibilities;

(6) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724, the biological parent or parents and their relatives shall have no rights of inheritance from or through the adopted person, nor shall the adopted person have any rights of inheritance from or through the biological parent or parents of the adopted person and the relatives of such biological parent or parents, except as provided in this section;

(7) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724, the legal relationship between the adopted person and the adopted person’s biological parent or parents and the relatives of such biological parent or parents is terminated for purposes of the construction of documents and instruments, whether executed before or after the adoption decree is issued, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship, except as provided in this section;

(8) Notwithstanding the provisions of subdivisions (1) to (7), inclusive, of this section, when one of the biological parents of a minor child has died and the surviving parent has remarried subsequent to such parent’s death, adoption of such child by the person with whom such remarriage is contracted shall not affect the rights of such child to inherit from or through the deceased parent and the deceased parent’s relatives;

(9) Nothing in this section shall deprive an adopted person who is the biological child of a veteran who served in time of war as defined in section 27-103 of aid under the provisions of section 27-140 or deprive a child receiving benefits under the Social Security Act, 42 USC Sec. 301 et seq., as amended from time to time, from continued receipt of benefits authorized under said act;

(10) Except as provided in subdivision (11) of this section, the provisions of law in force prior to October 1, 1959, affected by the provisions of this section shall apply to the estates or wills of persons dying prior to said date and to inter vivos instruments executed prior to said date and which on said date were not subject to the grantor’s power to revoke or amend;

(11) The provisions of subdivisions (1) to (9), inclusive, of this section shall apply to the estate or wills of persons dying prior to October 1, 1959, and to inter vivos instruments executed prior to said date and which on said date were not subject to the grantor’s power to revoke or amend, unless (A) a contrary intention of the testator or grantor is demonstrated by clear and convincing evidence, or (B) distribution of the estate or under the will or under the inter vivos instrument has been or will be made pursuant to court order entered prior to October 1, 1991;

(12) No fiduciary, distributee of the estate or person to whom a legacy has been paid shall be liable to any other person for any action taken or benefit received prior to October 1, 1991, provided any such action was taken or benefit was received in good faith by such fiduciary, distributee or legatee with respect to the applicability of statutes concerning the rights of inheritance or rights to take of adopted persons under any instrument executed prior to October 1, 1959;

(13) No fiduciary shall have the obligation to determine the rights of inheritance or rights to take of an adopted person under an instrument executed prior to October 1, 1959, unless the fiduciary receives a written claim for benefits by or on behalf of such adopted person.

(P.A. 73-156, S. 14; P.A. 80-476, S. 151; P.A. 81-43; P.A. 91-83; P.A. 96-130, S. 18; P.A. 00-228, S. 4; P.A. 01-195, S. 32, 181.)

History: P.A. 80-476 rephrased provisions; P.A. 81-43 replaced provisions of previous section re effect of adoption decree; Sec. 45-64a transferred to Sec. 45a-731 in 1991; P.A. 91-83 amended Subdiv. (10) by adding exception re Subdiv. (11) and added Subdivs. (11) to (13), inclusive, which provide that (1) provisions of Subdivs. (1) to (9), inclusive, shall apply to estate or wills of persons dying prior to October 1, 1959, unless contrary intention of grantor is demonstrated by clear and convincing evidence or distribution has been or will be made pursuant to court order entered prior to October 1, 1991, (2) immunity from liability of fiduciary, distributee or legatee acting in good faith and (3) fiduciary shall not have obligation to determine rights of inheritance of adopted persons under instrument executed prior to October 1, 1959, unless fiduciary receives written claim; P.A. 96-130 made technical changes, including changing “genetic” to “biological”; P.A. 00-228 made technical changes in Subdivs. (1) and (4) to (7), inclusive, and amended Subdivs. (5), (6) and (7) by adding exception in case of adoption as provided in Sec. 45a-724 (a)(2) or (3); P.A. 01-195 made technical changes in Subdivs. (5), (11), and (12), effective July 11, 2001.

Cited. 204 C. 450. Public policy reflected in this section and Secs. 45-61b(g) and 45-63 does not forbid agreement about visitation rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407. Cited. 212 C. 678. Cited. 217 C. 260.

Subdiv. (4):

Term “issue” discussed. 213 C. 573.

Subdiv. (5):

Cited. 41 CS 23.

Subdiv. (6):

Cited. 41 CS 23.