Intestate Inheritance and Stepparent Adoption: A Reappraisal

Abstract

Societal attitudes toward adoptions have shifted over time, and adoption statutes vary widely among U.S. jurisdictions. Unique challenges arise when drafting statutes that affect the intestate inheritance rights of adoptees. Drafters of uniform laws and state legislatures attempt to balance the goal of complete assimilation of an adoptee into an adopted family with the prevalence of remarriages and stepfamilies. This article analyzes the intestate inheritance rights of adoptees in stepparent adoptions generally, against the backdrop of Kentucky law. Noting that stepchildren deserve a well-considered examination of their intestate inheritance rights, this article offers suggestions for stepparent adoption statutes in Kentucky and nationwide.

Keywords: adoption, intestate inheritance rights, stepparent adoption, Kentucky

JEL Classification: K1, K3, K4