Delaware Code

13 Del. C. § 920 (2026)

Effect of adoption on inheritance [Effective Dec. 6, 2026]

✓ current as of May 2026

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(a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from the child’s birth parent or parents and from their collateral or lineal relatives. The rights of the birth parent or parents or their collateral or lineal relatives to inherit from the child shall cease upon the adoption.

(b) Upon the issuance of a decree of adoption, the adopted child shall acquire the right to inherit from the child’s adoptive parent or parents and from the collateral or lineal relatives of such adoptive parent or parents, and the adoptive parent or parents and the collateral or lineal relatives of the adoptive parent or parents shall at the same time acquire the right to inherit from the adopted child.

(c) Nothing contained in this section shall limit in any way the right of any person to provide for the disposition of such person’s property by will. The rights of a child adopted after the making of a will by the adopting parent or parents shall be the same as the rights of an after-born child, as prescribed in § 301 of Title 12. When the adopting parent is a stepparent, married to the birth or legal parent, nothing contained in this section shall affect the rights of inheritance between the child and the birth or legal parent or their collateral or lineal relatives.

Code 1935, § 3551J; 48 Del. Laws, c. 134, § 3; 13 Del. C. 1953, § 920; 68 Del. Laws, c. 259, § 1; 84 Del. Laws, c. 42, § 1; 85 Del. Laws, c. 276, § 107;

Notes of Decisions

Cited in 4 cases, 1971–1976 · leading case: Wilmington Trust Co. v. Huber, 311 A.2d 892 (Del. Ch. 1973).

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Wilmington Trust Co. v. Huber, 311 A.2d 892 (Del. Ch. 1973). · cites it 2× “” 13 Del.C. § 920(b). 2 . Rudolph’s Will, Sur.”

Wilmington Trust Co. v. Chichester, 369 A.2d 701 (Del. Ch. 1976). · cites it 4× “This provision, enacted then as § 3551J, now appears as 13 Del.C. § 920. 5 However, as noted previously, no separate, corresponding amendment was made to § 3553, the adult adoption statute, and consequently, 13 Del.”

Riggs Nat'l Bank of Washington, DC v. Zimmer, 304 A.2d 69 (Del. Ch. 1973). “13 Del.C. § 920. The guardian argues that if the class of descendants is determined as of 1971, the Delaware statutes in effect at that time should also apply.”

Wilmington Trust Co. v. Haskell, 282 A.2d 636 (Del. Ch. 1971). “By that test Christopher is, under 13 Del.C. § 920, “Trustor’s issue” and thus a beneficiary of the 1940 inter vivos trust.”

— 13 Del. C. § 920(b) — 2 cases

Wilmington Trust Co. v. Huber, 311 A.2d 892 (Del. Ch. 1973). “” 13 Del.C. § 920(b). 2 . Rudolph’s Will, Sur.”

Wilmington Trust Co. v. Chichester, 369 A.2d 701 (Del. Ch. 1976). “This provision, enacted then as § 3551J, now appears as 13 Del.C. § 920. 5 However, as noted previously, no separate, corresponding amendment was made to § 3553, the adult adoption statute, and consequently, 13 Del.”

— 13 Del. C. § 920(c) — 1 case

Wilmington Trust Co. v. Huber, 311 A.2d 892 (Del. Ch. 1973). “” 13 Del.C. § 920(b). 2 . Rudolph’s Will, Sur.”

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