2006 New York Code - Effect Of Adoption



 
    §  117.  Effect  of adoption.   1. (a) After the making of an order of
  adoption the birth parents of the adoptive child shall  be  relieved  of
  all  parental  duties  toward  and of all responsibilities for and shall
  have no rights over such adoptive child or to his property by descent or
  succession, except as hereinafter stated.
    (b) The rights of an adoptive child to inheritance and succession from
  and through his birth parents shall terminate upon  the  making  of  the
  order of adoption except as hereinafter provided.
    (c)  The  adoptive  parents  or  parent  and  the adoptive child shall
  sustain toward each other the legal relation of  parent  and  child  and
  shall  have  all  the  rights  and  be subject to all the duties of that
  relation including the rights of inheritance from and through each other
  and the birth and adopted kindred of the adoptive parents or parent.
    (d) When a birth or adoptive parent, having lawful custody of a child,
  marries or remarries and consents that the  stepparent  may  adopt  such
  child,  such  consent  shall not relieve the parent so consenting of any
  parental duty toward such child nor shall such consent or the  order  of
  adoption  affect  the rights of such consenting spouse and such adoptive
  child to inherit from and through each other and the birth  and  adopted
  kindred of such consenting spouse.
    (e)  Notwithstanding  the provisions of paragraphs (a), (b) and (d) of
  this subdivision, as to estates of persons dying after the  thirty-first
  day of August, nineteen hundred eighty-seven, if:
    (1)  the  decedent  is  the adoptive child's birth grandparent or is a
  descendant of such grandparent, and
    (2) an adoptive parent (i) is married to  the  child's  birth  parent,
  (ii)  is  the child's birth grandparent, or (iii) is descended from such
  grandparent,
  the rights of an adoptive child to inheritance and succession  from  and
  through  either  birth parent shall not terminate upon the making of the
  order of adoption.
    However, an adoptive child who is related  to  the  decedent  both  by
  birth  relationship  and  by  adoption shall be entitled to inherit only
  under the birth relationship unless the decedent is  also  the  adoptive
  parent,  in  which  case  the  adoptive  child shall then be entitled to
  inherit pursuant to the adoptive relationship only.
    (f) The right of inheritance of  an  adoptive  child  extends  to  the
  distributees of such child and such distributees shall be the same as if
  he were the birth child of the adoptive parent.
    (g)  Adoptive children and birth children shall have all the rights of
  fraternal relationship including the  right  of  inheritance  from  each
  other.  Such  right  of  inheritance extends to the distributees of such
  adoptive children and birth children and such distributees shall be  the
  same as if each such child were the birth child of the adoptive parents.
    (h) The consent of the parent of a child to the adoption of such child
  by  his  or her spouse shall operate to vest in the adopting spouse only
  the rights as distributee of a birth parent and  shall  leave  otherwise
  unaffected the rights as distributee of the consenting spouse.
    (i)  This  subdivision  shall  apply only to the intestate descent and
  distribution of real and personal property.
    2. (a) Except as hereinafter stated, after the making of an  order  of
  adoption,  adopted  children and their issue thereafter are strangers to
  any  birth  relatives  for  the  purpose  of   the   interpretation   or
  construction of a disposition in any instrument, whether executed before
  or  after  the  order  of  adoption,  which  does not express a contrary
  intention or does not expressly include the individual  by  name  or  by
  some classification not based on a parent-child or family relationship.
    (b)  As to the wills of persons executed after the thirty-first day of
  August, nineteen hundred eighty-six, or to lifetime instruments executed
  after such date whether executed before or after the order of  adoption,
  a  designation  of  a class of persons described in section 2-1.3 of the
  estates,  powers  and  trusts  law  shall, unless the will or instrument
  expresses a contrary intention, be deemed to include an  adoptive  child
  who was a member of such class in his or her birth relationship prior to
  adoption, and the issue of such child, only if:
    (1)  an  adoptive  parent  (i) is married to the child's birth parent,
  (ii) is the child's birth grandparent, or (iii) is a descendant of  such
  grandparent, and
    (2)  the  testator  or  creator  is the child's birth grandparent or a
  descendant of such grandparent.
    (c) A person who, by reason of this subdivision, would be a member  of
  the  designated  class,  or  a  member of two or more designated classes
  pursuant to a single instrument,  both  by  birth  relationship  and  by
  adoption shall be entitled to benefit only under the birth relationship,
  unless the testator or creator is the adoptive parent, in which case the
  person  shall  then  be  entitled  to  benefit  only  under the adoptive
  relationship.
    (d) The provisions of this subdivision shall not impair or defeat  any
  rights  which  have  vested on or before the thirty-first day of August,
  nineteen hundred eighty-six, or which have vested prior to the  adoption
  regardless of when the adoption occurred.
    3. The provisions of law affected by the provisions of this section in
  force  prior  to March first, nineteen hundred sixty-four shall apply to
  the estates or wills of persons dying  prior  thereto  and  to  lifetime
  instruments  theretofore executed which on said date were not subject to
  grantor's power to revoke or amend.

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