DESCENT AND DISTRIBUTION-STATUS AND INHERITANCE RIGHTS OF ADOPTED CHILD

Authors

Abstract

The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil law was enforced. Vidal v. Commagers, 13 La. Ann. 516. During the last seventy-five years most of the states of the Union, apparently following the lead of Massachusetts, have enacted statutes authorizing the adoption of children. WOERNER, THE, AMERICAN LAW OF GUARDIANSHIP, 25; also see review of WHITMORE'S, LAW OF ADOPTION IN THE UNITED STATES, 3 CENT. L. JR. 397, and note to Farnhizel v. Ferrel, 14 AM. L. REG, 682. Such statutes being in derogation of the common law have quite generally been very strictly construed. Statutes, authorizing child adoption, quite frequently contain express provisions as to inheritance both by and from an adopted child. 1 STIMSON, AM. ST. LAW, sec. 6647. Apart from such express provisions, the effect of the adoption is ordinarily to entitle the child to inherit from the adoptive parent as if he were the latter's own child. Estate of Newman, 75 Cal. 213, 7 Am. St. Rep. 146, 16 Pac. 887; Rowen's Est., 132 Pa. 299, 19 Atl. 82; see 5 VA. L. REV. 349. But such statutes are not ordinarily construed so as to give the adopted child a right to inherit from the kindred of the adoptive parents. See cases cited in 2 TIFFANY, REAL PROPERTY, sec. 497, note 84.

Recommended Citation

DESCENT AND DISTRIBUTION-STATUS AND INHERITANCE RIGHTS OF ADOPTED CHILD, 27 Mich. L. Rev. 438 (1929).
Available at: https://repository.law.umich.edu/mlr/vol27/iss4/5