Texas Probate Code - Section 40. Inheritance By And From An Adopted Child
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§ 40. INHERITANCE BY AND FROM AN ADOPTED CHILD. For
purposes of inheritance under the laws of descent and distribution,
an adopted child shall be regarded as the child of the parent or
parents by adoption, such adopted child and its descendants
inheriting from and through the parent or parents by adoption and
their kin the same as if such child were the natural child of such
parent or parents by adoption, and such parent or parents by
adoption and their kin inheriting from and through such adopted
child the same as if such child were the natural child of such
parent or parents by adoption. The natural parent or parents of
such child and their kin shall not inherit from or through said
child, but, except as provided by Section 162.507(c), Family Code,
the child shall inherit from and through its natural parent or
parents. Nothing herein shall prevent any parent by adoption from
disposing of his property by will according to law. The presence of
this Section specifically relating to the rights of adopted
children shall in no way diminish the rights of such children, under
the laws of descent and distribution or otherwise, which they
acquire by virtue of their inclusion in the definition of "child"
which is contained in this Code.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1989, 71st Leg., ch. 375, § 34, eff. Sept. 1, 1989.
Amended by Acts 2005, 79th Leg., ch. 169, § 2, eff. Sept. 1,
2005.
Section: 36F 37 37A 37B 37C 38 39 40 41 42 43 44 45 46 47
Last modified: August 10, 2007
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