CHEYENNE - The biological family members of an adopted child have no right to inherit from the adopted child, the Wyoming Supreme Court ruled Wednesday.
The unanimous opinion reverses a decision by 7th District Judge David Park, who ruled in favor of the eight biological cousins of the adopted child.
In its recount of the case, the opinion said Edgar and Margaret Kirkpatrick adopted Gion Rossetti and his brother, Leo Rosetti, on Jan. 25, 1927.
The two brothers were the sons of Joseph and Beatrice Rosetti, who had 11 children.
The Kirkpatricks changed Gion's name to John Henry Kirkpatrick and Leo's to Edward Watson Kirkpatrick. The other nine birth siblings were either adopted away or remained with their birth parents, said the court opinion, written by Justice Marilyn Kite.
John Kirkpatrick married briefly, divorced and had no children. Edward Kirkpatrick married and he and his wife raised a daughter, Karen Shippey.
The nine siblings of the two adopted brothers produced eight children.
John Kirkpatrick, who was born in 1914, died intestate on Aug. 4, 2000, leaving a substantial estate of stocks, bonds, real estate and personal property.
Karen Shippey, who was appointed a co-personal representative of the John Fitzpatrick's estate, filed a brief with the probate court claiming that her uncle's adoption terminated the rights of any biological relative not adopted by his adoptive family, leaving Shippey as the sole heir.
Opposed, the eight cousins claimed John Kirkpatrick's adoption had no effect on the right of the biological siblings - their parents - to inherit from him. They argued they were entitled to their per capita share of the portion of the estate that would have gone to their parents.
Judge Park ruled for the cousins on grounds that since the adoption statutes allow an adoptee to inherit from his biological parents, the law should be interpreted to allow biological relatives to inherit from the adoptee.
The Supreme Court ruled that Karen Shippey is the sole heir to John Kirkpatrick's estate. Contrary to Park's interpretation, the state statute, the opinion said, provides that the adoptee remains a child of the biological parents only for inheritance purposes.
"The statute does not say the inheritance relationship is a two-way street or the biological parents remain the father and mother for inheritance or any other purpose," Kite wrote.
The adoption decree severs the relationship between the child and his biological parents as well as all rights of biological family members, including their right to inherit from the adopted child.
In a footnote, the Supreme Court suggested the Legislature change the law to make it consistent with a complete termination of the legal relationship between the biological parents and the adopted child.
Posted in State-and-regional on Thursday, October 2, 2003 12:00 am
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