SECTION 2-118. ADOPTEE AND ADOPTEE’S ADOPTIVE PARENT OR
PARENTS. Uniform Probate Code
(a) [Parent-Child Relationship Between Adoptee and Adoptive Parent or Parents.] A parent-child relationship exists between an adoptee and the adoptee’s adoptive parent or parents.
(b) [Individual in Process of Being Adopted by Married Couple; Stepchild in Process of Being Adopted by Stepparent.] For purposes of subsection (a):
(1) an individual who is in the process of being adopted by a married couple when one of the spouses dies is treated as adopted by the deceased spouse if the adoption is subsequently granted to the decedent’s surviving spouse; and
(2) a child of a genetic parent who is in the process of being adopted by a genetic parent’s spouse when the spouse dies is treated as adopted by the deceased spouse if the genetic parent survives the deceased spouse by 120 hours.
(c) [Child of Assisted Reproduction or Gestational Child in Process of Being Adopted.] If, after a parent-child relationship is established between a child of assisted reproduction and a parent under Section 2-120 or between a gestational child and a parent under Section 2-121, the child is in the process of being adopted by the parent’s spouse when that spouse dies, the child is treated as adopted by the deceased spouse for the purpose of subsection (b)(2).
Comment
2008 Revisions. In 2008, this section and Section 2-119 replaced former Section 2- 114(b), which provided: “(b) An adopted individual is the child of his [or her] adopting parent or parents and not of his [or her] natural parents, but adoption of a child by the spouse of either natural parent has no effect on (i) the relationship between the child and that natural parent or (ii)
(a) [Parent-Child Relationship Between Adoptee and Adoptive Parent or Parents.] A parent-child relationship exists between an adoptee and the adoptee’s adoptive parent or parents.
(b) [Individual in Process of Being Adopted by Married Couple; Stepchild in Process of Being Adopted by Stepparent.] For purposes of subsection (a):
(1) an individual who is in the process of being adopted by a married couple when one of the spouses dies is treated as adopted by the deceased spouse if the adoption is subsequently granted to the decedent’s surviving spouse; and
(2) a child of a genetic parent who is in the process of being adopted by a genetic parent’s spouse when the spouse dies is treated as adopted by the deceased spouse if the genetic parent survives the deceased spouse by 120 hours.
(c) [Child of Assisted Reproduction or Gestational Child in Process of Being Adopted.] If, after a parent-child relationship is established between a child of assisted reproduction and a parent under Section 2-120 or between a gestational child and a parent under Section 2-121, the child is in the process of being adopted by the parent’s spouse when that spouse dies, the child is treated as adopted by the deceased spouse for the purpose of subsection (b)(2).
Comment
2008 Revisions. In 2008, this section and Section 2-119 replaced former Section 2- 114(b), which provided: “(b) An adopted individual is the child of his [or her] adopting parent or parents and not of his [or her] natural parents, but adoption of a child by the spouse of either natural parent has no effect on (i) the relationship between the child and that natural parent or (ii)
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the right of the child or a descendant of the child to inherit from or through the other natural
parent”. The 2008 revisions divided the coverage of former Section 2-114(b) into two sections.
Subsection (a) of this section covered that part of former Section 2-114(b) that provided that an
adopted individual is the child of his or her adopting parent or parents. Section 2-119(a) and
(b)(1) covered that part of former Section 2-114(b) that provided that an adopted individual is
not the child of his natural parents, but adoption of a child by the spouse of either natural parent
has no effect on the relationship between the child and that natural parent or (ii) the right of the
child or a descendant of the child to inherit from or through the other natural parent.
The 2008 revisions also added subsections (b)(2) and (c), which are explained below.
Data on Adoptions. Official data on adoptions are not regularly collected. Partial data are sometimes available from the Children’s Bureau of the U.S. Department of Health and Human Services, the U.S. Census Bureau, and the Evan B. Donaldson Adoption Institute.
For an historical treatment of adoption, from ancient Greece, through the Middle Ages, 19th- and 20th-century America, to open adoption and international adoption, see Debora L. Spar, The Baby Business ch. 6 (2006) and sources cited therein.
Defined Term. Adoptee is defined in Section 2-115 as an individual who is adopted.
The term is not limited to an individual who is adopted as a minor but includes an individual who is adopted as an adult.
Subsection (a): Parent-Child Relationship Between Adoptee and Adoptive Parent or Parents. Subsection (a) states the general rule that adoption creates a parent-child relationship between the adoptee and the adoptee’s adoptive parent or parents.
Subsection (b)(1): Individual in Process of Being Adopted by Married Couple. If the spouse who subsequently died had filed a legal proceeding to adopt the individual before the spouse died, the individual is “in the process of being adopted” by the deceased spouse when the spouse died. However, the phrase “in the process of being adopted” is not intended to be limited to that situation, but is intended to grant flexibility to find on a case by case basis that the process commenced earlier.
Subsection (b)(2): Stepchild in Process of Being Adopted by Stepparent. If the stepparent who subsequently died had filed a legal proceeding to adopt the stepchild before the stepparent died, the stepchild is “in the process of being adopted” by the deceased stepparent when the stepparent died. However, the phrase “in the process of being adopted” is not intended to be limited to that situation, but is intended to grant flexibility to find on a case by case basis that the process commenced earlier.
Subsection (c): Child of Assisted Reproduction or Gestational Child in Process of Being Adopted. Subsection (c) provides that if, after a parent-child relationship is established between a child of assisted reproduction and a parent under Section 2-120 or between a gestational child and a parent under Section 2-121, the child is in the process of being adopted by the parent’s spouse when that spouse dies, the child is treated as adopted by the deceased spouse
The 2008 revisions also added subsections (b)(2) and (c), which are explained below.
Data on Adoptions. Official data on adoptions are not regularly collected. Partial data are sometimes available from the Children’s Bureau of the U.S. Department of Health and Human Services, the U.S. Census Bureau, and the Evan B. Donaldson Adoption Institute.
For an historical treatment of adoption, from ancient Greece, through the Middle Ages, 19th- and 20th-century America, to open adoption and international adoption, see Debora L. Spar, The Baby Business ch. 6 (2006) and sources cited therein.
Defined Term. Adoptee is defined in Section 2-115 as an individual who is adopted.
The term is not limited to an individual who is adopted as a minor but includes an individual who is adopted as an adult.
Subsection (a): Parent-Child Relationship Between Adoptee and Adoptive Parent or Parents. Subsection (a) states the general rule that adoption creates a parent-child relationship between the adoptee and the adoptee’s adoptive parent or parents.
Subsection (b)(1): Individual in Process of Being Adopted by Married Couple. If the spouse who subsequently died had filed a legal proceeding to adopt the individual before the spouse died, the individual is “in the process of being adopted” by the deceased spouse when the spouse died. However, the phrase “in the process of being adopted” is not intended to be limited to that situation, but is intended to grant flexibility to find on a case by case basis that the process commenced earlier.
Subsection (b)(2): Stepchild in Process of Being Adopted by Stepparent. If the stepparent who subsequently died had filed a legal proceeding to adopt the stepchild before the stepparent died, the stepchild is “in the process of being adopted” by the deceased stepparent when the stepparent died. However, the phrase “in the process of being adopted” is not intended to be limited to that situation, but is intended to grant flexibility to find on a case by case basis that the process commenced earlier.
Subsection (c): Child of Assisted Reproduction or Gestational Child in Process of Being Adopted. Subsection (c) provides that if, after a parent-child relationship is established between a child of assisted reproduction and a parent under Section 2-120 or between a gestational child and a parent under Section 2-121, the child is in the process of being adopted by the parent’s spouse when that spouse dies, the child is treated as adopted by the deceased spouse
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for the purpose of subsection (b)(2). An example would be a situation in which an unmarried
mother or father is the parent of a child of assisted reproduction or a gestational child, and
subsequently marries an individual who then begins the process of adopting the child but who
dies before the adoption becomes final. In such a case, subsection (c) provides that the child is
treated as adopted by the deceased spouse for the purpose of subsection (b)(2). The phrase “in
the process of being adopted” carries the same meaning under subsection (c) as it does under
subsection (b)(2).
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