Hall v. Vallandingham - Case Brief
75 Md. App. 187, 540 A.2d 1162

Keyed to Dukeminier 7th

Status:
Court of Special Appeals of Maryland, 1988

Facts:
Vallandingham died. Years later his widow remarried Killgore. Kilgore adopted Vallandingham’s four children. Twenty-five years after the adoption, the children’s natural uncle died. His sole heirs were his surviving brothers and sisters and the children of brothers and sisters who predeceased him.

The decedent's twin brother, was appointed Personal Representative of the estate. After the Inventory and First Accounting were filed, the four natural children of Vallandingham filed exceptions, alleging that they were entitled to a share of their natural uncle's estate that their natural father would have received had he survived. The Orphan's Court transmitted the issue to the Circuit Court. That tribunal determined that the four natural children of Vallandingham, because of their adoption by their adoptive father, Killgore, were not entitled to inherit from their natural uncle.

The current state law, § 5-308 provides:
“(b) After a decree of adoption is entered:
(1) the individual adopted:
(i) is the child of the petitioner for all intents and purposes; and
(ii) is entitled to all the rights and privileges of and is subject to all the obligations of a child born to the petitioner in wedlock;
(2) each living natural parent of the individual adopted is:
(i) relieved of all parental duties and obligations to the individual adopted; and
(ii) divested of all parental rights as to the individual adopted; and
(3) all rights of inheritance between the individual adopted and the natural relations shall be governed by the Estates and Trusts Article.”

The applicable section of the Md.Estates and Trusts Code Ann., § 1-207(a), provides:
“An adopted child shall be treated as a natural child of his adopted parent or parents. On adoption, a child no longer shall be considered a child of either natural parent, except that upon adoption by the spouse of a natural parent, the child shall be considered the child of that natural parent.”

Procedural History:
The children appealed the circuit court ruling, that because of their adoption by Kilgore, when they were all minors, they were not entitled to inherit from their natural uncle’s estate.

Issues:
Whether a child who is adopted loses all rights of inheritance from his or her natural parents?

Analysis:
In 1963 the Legislature declared: “Upon entry of a decree of adoption, the adopted child shall lose all rights of inheritance from its parents and from their natural collateral or lineal relatives.” In 1969 the law changed again, it did not retain that provision that eliminated inheritance rights.

Family Law Art. § 5-308(b)(1)(ii) entitles an adopted person to all the rights and privileges of a natural child insofar as the adoptive parents are concerned, but adoption does not confer upon the adopted child more rights and privileges than those possessed by a natural child. The court stated that to allow dual inheritance would bestow upon an adopted child a superior status. That status was removed in 1963, which expressly disallowed the dual inheritance capability of adopted children by providing that “the adopted child shall lose all rights of inheritance from its parents and from their natural collateral or lineal relatives.” The court stated it did not believe that the current statute, did not alter the substance of the 1963 act which eliminated dual inheritance. Rather, § 1-207(a) merely “streamlined” the wording while retaining the meaning. The court held that because § 1-207(a) eliminates the adopted child's right to inherit from the natural parent it concomitantly abrogated the right to inherit through the natural parent by way of representation.

Holding:
Yes

Judgment:
Affirmed, cost to be paid by appellants

Rule:
An adopted child loses all rights of inheritance from their natural parents estate’s at the time of adoption.

Dissent or Concurrence:
None