New York Consolidated Laws

N.Y. Domestic Relations Law § 117 (2026)

Effect of adoption

✓ current as of May 2026

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§ 117. Effect of adoption.  1. (a) After the making of an order of
adoption the birth parents of the adoptive child shall be relieved of
all parental duties toward and of all responsibilities for and shall
have no rights over such adoptive child or to his property by descent or
succession, except as hereinafter stated.
  (b) The rights of an adoptive child to inheritance and succession from
and through his birth parents shall terminate upon the making of the
order of adoption except as hereinafter provided.
  (c) The adoptive parents or parent and the adoptive child shall
sustain toward each other the legal relation of parent and child and
shall have all the rights and be subject to all the duties of that
relation including the rights of inheritance from and through each other
and the birth and adopted kindred of the adoptive parents or parent.
  (d) When a birth or adoptive parent, having lawful custody of a child,
marries or remarries and consents that the stepparent may adopt such
child, such consent shall not relieve the parent so consenting of any
parental duty toward such child nor shall such consent or the order of
adoption affect the rights of such consenting spouse and such adoptive
child to inherit from and through each other and the birth and adopted
kindred of such consenting spouse.
  (e) Notwithstanding the provisions of paragraphs (a), (b) and (d) of
this subdivision, as to estates of persons dying after the thirty-first
day of August, nineteen hundred eighty-seven, if:
  (1) the decedent is the adoptive child's birth grandparent or is a
descendant of such grandparent, and
  (2) an adoptive parent (i) is married to the child's birth parent,
(ii) is the child's birth grandparent, or (iii) is descended from such
grandparent,
the rights of an adoptive child to inheritance and succession from and
through either birth parent shall not terminate upon the making of the
order of adoption.
  However, an adoptive child who is related to the decedent both by
birth relationship and by adoption shall be entitled to inherit only
under the birth relationship unless the decedent is also the adoptive
parent, in which case the adoptive child shall then be entitled to
inherit pursuant to the adoptive relationship only.
  (f) The right of inheritance of an adoptive child extends to the
distributees of such child and such distributees shall be the same as if
he were the birth child of the adoptive parent.
  (g) Adoptive children and birth children shall have all the rights of
fraternal relationship including the right of inheritance from each
other. Such right of inheritance extends to the distributees of such
adoptive children and birth children and such distributees shall be the
same as if each such child were the birth child of the adoptive parents.
  (h) The consent of the parent of a child to the adoption of such child
by his or her spouse shall operate to vest in the adopting spouse only
the rights as distributee of a birth parent and shall leave otherwise
unaffected the rights as distributee of the consenting spouse.
  (i) This subdivision shall apply only to the intestate descent and
distribution of real and personal property.
  2. (a) Except as hereinafter stated, after the making of an order of
adoption, adopted children and their issue thereafter are strangers to
any birth relatives for the purpose of the interpretation or
construction of a disposition in any instrument, whether executed before
or after the order of adoption, which does not express a contrary
intention or does not expressly include the individual by name or by
some classification not based on a parent-child or family relationship.
  (b) As to the wills of persons executed after the thirty-first day of
August, nineteen hundred eighty-six, or to lifetime instruments executed
after such date whether executed before or after the order of adoption,
a designation of a class of persons described in section 2-1.3 of the
estates, powers and trusts law shall, unless the will or instrument
expresses a contrary intention, be deemed to include an adoptive child
who was a member of such class in his or her birth relationship prior to
adoption, and the issue of such child, only if:
  (1) an adoptive parent (i) is married to the child's birth parent,
(ii) is the child's birth grandparent, or (iii) is a descendant of such
grandparent, and
  (2) the testator or creator is the child's birth grandparent or a
descendant of such grandparent.
  (c) A person who, by reason of this subdivision, would be a member of
the designated class, or a member of two or more designated classes
pursuant to a single instrument, both by birth relationship and by
adoption shall be entitled to benefit only under the birth relationship,
unless the testator or creator is the adoptive parent, in which case the
person shall then be entitled to benefit only under the adoptive
relationship.
  (d) The provisions of this subdivision shall not impair or defeat any
rights which have vested on or before the thirty-first day of August,
nineteen hundred eighty-six, or which have vested prior to the adoption
regardless of when the adoption occurred.
  3. The provisions of law affected by the provisions of this section in
force prior to March first, nineteen hundred sixty-four shall apply to
the estates or wills of persons dying prior thereto and to lifetime
instruments theretofore executed which on said date were not subject to
grantor's power to revoke or amend.

Notes of Decisions

Cited in 86 cases (6 in the last 5 years), 1985–2025 · leading case: Matter of Jacob, 660 N.E.2d 397 (NY 1995).

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Matter of Jacob, 660 N.E.2d 397 (NY 1995). · cites it 26× “In addition, the court held that the adoption was further prohibited by Domestic Relations Law § 117 which it interpreted to require the automatic termination of P.”

In Re Est. of Murphy, 843 N.E.2d 140 (NY 2005). · cites it 28× “The Surrogate agreed, ruling that the gifts to Clair lapsed in their entirety and passed to Beckman with the whole of the residuary estate. The Appellate Division affirmed the decree.”

In re the Est. of Seaman, 583 N.E.2d 294 (NY 1991). · cites it 23× “1, or whether the daughter is precluded by Domestic Relations Law § 117 from sharing in a natural family member’s estate.”

In re Hailey ZZ., 972 N.E.2d 87 (NY 2012). · cites it 3× “at 91, quoting Domestic Relations Law § 117 [1] [a], and citing *438 Matter of Best, 66 NY2d 151 [1985]).”

In re the Est. of Best, 485 N.E.2d 1010 (NY 1985). · cites it 5× “10; Domestic Relations Law § 117), can reap no benefit from this change of constructional rules.”

In re the Adoption of Gerald T., 211 A.D.2d 17 (N.Y. App. Div. 1995). · cites it 8× “This case raises the issue of the legal implications of the reservation of rights in surrender instruments executed by natural parents in accordance with the terms of Social Services Law § 383-c vis-á-vis the long-standing policy of this State that in an adoption the natural…”

In re Alexandra C., 157 Misc. 2d 262 (N.Y.C. Fam. Ct. 1993). · cites it 8× “We note, however, that the 'open’ adoption concept would appear to be inconsistent with this State’s view as expressed by the Legislature that adoption relieves the biological parent 'of all parental duties toward and of all responsibilities for’ the adoptive child over whom the…”

In re the Acct. by Fleet Bank, 884 N.E.2d 1040 (NY 2008). “In 1985, when Best was decided, Domestic Relations Law § 117 (1) provided that the “rights of an adoptive child to inheritance and succession from and through his natural parents shall terminate upon the making of the order of adoption .”

In re the Est. of Johnson, 18 Misc. 3d 898 (N.Y. Sur. Ct. 2008). · cites it 12× “2 The respondent asserts that her right to inherit her mother’s estate was not severed by this intrafamily adoption and her inheritance is protected by Domestic Relations Law § 117 (1) (e), which reads as follows: “Notwithstanding the provisions of paragraphs (a), (b) and (d) of…”

In re Gardiner, 113 A.D.2d 651 (N.Y. App. Div. 1985). · cites it 9× “the adoption of a child cannot cut off the rights of remaindermen to inherit under a will where a provision thereof is dependent on the adoptive parent dying without heirs, (2) Olney cannot inherit pursuant to the testamentary power of appointment exercised by Winthrop, since…”

In re Gardiner, 503 N.E.2d 1345 (NY 1986). · cites it 5× “While the precautionary addendum was repealed effective March 1, 1964 (L 1963, ch 406), it nonetheless applies to the wills of persons dying before the repeal became effective (Domestic Relations Law § 117 [3]).”

In re the Est. of Morrow, 187 Misc. 2d 742 (N.Y. Sur. Ct. 2001). · cites it 6× “Consequently, the following questions of law are presented: (1) Does New York or New Hampshire law govern with regard to whether the children have the status of *744 being “adopted” children? (2) Does New York or New Hampshire law govern with regard to the rights of the “adopted…”

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— N.Y. Domestic Relations Law § 117(1)(a) — 1 case

Matter of William N. v. Maria D., 2021 NY Slip Op 03184 (N.Y. App. Div. 2021).

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.