112.175
Adopted persons.
(1) An adopted person, the descendants and kindred of the adopted person shall
take by intestate succession from the adoptive parents, their descendants and
kindred, and the adoptive parents, their descendants and kindred shall take by
intestate succession from the adopted person, the descendants and kindred of
the adopted person, as though the adopted person were the biological child of
the adoptive parents.
(2) An adopted
person shall cease to be treated as the child of any person other than the
adopted person’s adoptive parents for all purposes of intestate succession
except in the following circumstances:
(a) If a person
is adopted by a stepparent or a domestic partner of a parent in a domestic
partnership registered under ORS 106.300 to 106.340 or under a similar law in
another state, the adopted person shall continue also to be treated, for all
purposes of intestate succession, as the child of the parent who is the spouse
of, or other domestic partner in the domestic partnership with, the adoptive
parent.
(b) If a parent
of a person dies, and the other parent of the person marries or enters into a
domestic partnership registered under ORS 106.300 to 106.340 or under a similar
law in another state, and the person is adopted by a stepparent or the other
domestic partner, the adopted person shall continue also to be treated, for all
purposes of intestate succession, as the child of the deceased parent.
(3) ORS chapters
111, 112, 113, 114, 115, 116 and 117 apply to adopted persons who were adopted
in this state or elsewhere. [1969 c.591 §33; 2015 c.387 §8; 2016 c.42 §11]
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1974–2024 · leading case:
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024).
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024).
· cites it 30× “See ORS 112.175. Subsection (1) of ORS 112.175 provides that “[a]n adopted person * * * shall take by intestate succession from the adoptive parents * * * as though the adopted person were the biological child of the adoptive parents.”
State Ex Rel. Grant v. Keegan, 836 P.2d 167 (Or. Ct. App. 1992).
“175 provides, in part: "(2) An adopted person shall cease to be treated as the child of the person's natural parents for all purposes of intestate succession by the adopted person, the issue and kindred of the adopted person and the natural parents, their issue and kindred,…”
Barnum v. Dep't of Revenue, 5 Or. Tax 508 (Or. T.C. 1974).
“041 (1) (supplemented by ORS 112.175) appears to remove an adopted child from the definition of “child” of his natural parents, this court must decide whether such apparent removal may be *511 transferred from the domestic relations section of the Oregon statutes to the probate…”
In re the Visitation of Grant, 836 P.2d 167 (Or. Ct. App. 1992).
“ORS 112.175 provides, in part: “(2) An adopted person shall cease to be treated as the child of the person’s natural parents for all purposes of intestate succession by the adopted person, the issue and kindred of the adopted person and the natural parents, their issue and…”
Jackson v. Bogart Constr., 821 P.2d 420 (Or. Ct. App. 1991).
“041; ORS 112.175. It would be illogical for biological children born after a parent’s injury to be part of the calculation of benefits while children adopted after an injury or stepchildren would not.”
— Or. Rev. Stat. § 112.175(2) — 1 case
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024).
“See ORS 112.175. Subsection (1) of ORS 112.175 provides that “[a]n adopted person * * * shall take by intestate succession from the adoptive parents * * * as though the adopted person were the biological child of the adoptive parents.”
— Or. Rev. Stat. § 112.175(2)(a) — 1 case
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024).
“See ORS 112.175. Subsection (1) of ORS 112.175 provides that “[a]n adopted person * * * shall take by intestate succession from the adoptive parents * * * as though the adopted person were the biological child of the adoptive parents.”
— Or. Rev. Stat. § 112.175(2)(b) — 1 case
Miller v. Pettis, 562 P.3d 272 (Or. Ct. App. 2024).
“See ORS 112.175. Subsection (1) of ORS 112.175 provides that “[a]n adopted person * * * shall take by intestate succession from the adoptive parents * * * as though the adopted person were the biological child of the adoptive parents.”
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