1. Except as provided in subsection 3, a lawful adoption extinguishes the right of intestate succession of an adopted person from and through the adopted person’s biological parents. The adopted person inherits from and through the adoptive parents in the same manner as a biological child inherits from and through the child’s biological parents.
2. Except as provided in subsection 3, a lawful adoption extinguishes the right of intestate succession of a biological parent from and through the parent’s biological child who is adopted. The adoptive parents inherit from and through the adopted person in the same manner as biological parents inherit from and through the parents’ biological child.
3. An adoption of a person by the spouse or surviving spouse of a biological parent has no effect on the relationship for inheritance purposes between the adopted person and that biological parent or biological parent’s heirs. An adoption of a person by the spouse or surviving spouse of a biological parent after the death of the other biological parent has no effect on the relationship for inheritance purposes between the adopted person and the deceased biological parent’s heirs.
4. A person inherits through an adopted person, an adoptive parent, or a biological parent of an adopted person only if the adopted person, adoptive parent, or biological parent of an adopted person would have inherited under subsection 1, 2, or 3. [C66, 71, 73, 75, 77, 79, 81, §633.223; 81 Acts, ch 194, §1] 94 Acts, ch 1046, §29 Referred to in §633.210 \n
Notes of Decisions
Marcia E. Roll v. Russell L. Newhall, 888 N.W.2d 422 (Iowa 2016).
· cites it 5× “Finally, Marcia contends the district court’s inclusion of adopted-out persons within' the class of “children” eligible to inherit assigns a different meaning to “children” than is set forth in the probate code.”
Matter of Adoption of Gardiner, 287 N.W.2d 555 (Iowa 1980).
· cites it 2× “The provision of the chapter which refers *557 specifically to the effect of adoption is section 633.223. The section states essentially that an adopted person inherits from the adoptive parents and the adoptive parents inherit from the adopted person, the same as if the adopted…”
Matter of Est. of Nicolaus, 366 N.W.2d 562 (Iowa 1985).
· cites it 4× “At the time testator made his will our statute provided in section 633.223 of the Iowa Code of 1954: Upon the entering of such [adoption] decree, the rights, duties, and relationships between the child and parent by adoption shall be the same that exist between parents and child…”
Matter of Est. of Johnson, 387 N.W.2d 329 (Iowa 1986).
· cites it 2× “NOTES [1] The procedures for admitting in Iowa a will probated in another state or country are outlined now in Iowa Code sections 633.”
Matter of Est. of Mills, 374 N.W.2d 675 (Iowa 1985).
· cites it 10× “We hold that under Iowa Code section 633.223 (1983) an adoption by a single parent extinguishes the right of intestate succession of both of the adopted person’s natural parents.”
— Iowa Code § 633.223(1) — 2 cases
Matter of Est. of Johnson, 387 N.W.2d 329 (Iowa 1986).
“NOTES [1] The procedures for admitting in Iowa a will probated in another state or country are outlined now in Iowa Code sections 633.”
— Iowa Code § 633.223(2) — 1 case
Matter of Est. of Mills, 374 N.W.2d 675 (Iowa 1985).
“We hold that under Iowa Code section 633.223 (1983) an adoption by a single parent extinguishes the right of intestate succession of both of the adopted person’s natural parents.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.