Summary
The Rhode Island Supreme Court considered whether an adult adoptee was entitled to inherit from a deceased adoptive parent under the state's intestate succession statutes. The court held that the statutory term "child" includes a son or daughter regardless of age and does not distinguish between persons adopted as minors and adults. The court affirmed summary judgment in favor of the adult adoptee.
Holdings
- An adult adoptee is a 'child' under G.L. 1956 § 15-7-16(a) and is entitled to inherit from an adoptive parent in the same manner as a child born to that parent in lawful wedlock.
Questions Presented
- Whether an adult adoptee is a 'child' within the meaning of Rhode Island General Laws § 15-7-16(a) and therefore has the right to inherit from an adoptive parent under the laws of intestate succession.
- Whether Rhode Island's adoption statutes distinguish between the inheritance rights of persons adopted as minors and persons adopted as adults.
Disposition
affirmed
Cases Cited (10)
- Tinney v. Tinney, 770 A.2d 420 (R.I. 2001)(followed for factual summary)
- R & R Associates v. City of Providence Water Supply Board, 765 A.2d 432, 436 (R.I. 2001)(followed)
- Cardarelli v. DET Board of Review, 674 A.2d 398, 400 (R.I. 1996)(followed)
- Brouillette v. DET Board of Review, 677 A.2d 1344, 1346 (R.I. 1996)(followed)
- Mottola v. Cirello, 789 A.2d 421, 423 (R.I. 2002)(followed)
- Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1226 (R.I. 1996)(followed)
- Batcheller-Durkee v. Batcheller, 39 R.I. 45, 49, 97 A. 378, 379 (1916)(followed)
- In re Lisa Diane G., 537 A.2d 131, 132 (R.I. 1988)(followed)
- In re Adoption of a Minor Child, 109 R.I. 443, 450, 287 A.2d 115, 118-19 (1972)(followed)
- Prince v. Nugent, 93 R.I. 149, 168, 172 A.2d 743, 754 (1961)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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