§578-16  Effect of adoption.  (a)  A
legally adopted individual shall be considered to be a natural child of the
whole blood of the adopting parent or parents as provided in the Uniform
Probate Code, relating to the descent of property.



(b)  The former legal parent or parents of an
adopted individual and any other former legal kindred shall not be considered
to be related to the individual as provided in the Uniform Probate Code except
as provided in this section.



(c)  An adopted individual and the individual's
adopting parent or parents shall sustain towards each other the legal
relationship of parents and child and shall have all the rights and be subject
to all the duties of that relationship, including the rights of inheritance
from and through each other and the legal kindred of the adoptive parent or
parents, the same as if the individual were the natural child of the adopting
parent or parents.



(d)  Except as provided in subsection (e), all
legal duties and rights between the individual and the individual's former
legal parent or parents shall cease from the time of the adoption; provided
that if the individual is adopted by a person married to a legal parent of the
individual, the full reciprocal rights and duties which theretofore existed
between the legal parent and the individual, and the rights of inheritance as
between the individual and the legal parent and the legal relatives of the
parent, as provided in chapter 560, shall continue, notwithstanding the
adoption, subject only to the rights acquired by and the duties imposed upon
the adoptive parents by reason of the adoption.



(e)  Notwithstanding subsections (b) and (d),
if an individual is adopted before that individual attains the age of majority
and:



(1)  The individual is adopted by a spouse of a
natural parent of the individual; or



(2)  The individual is adopted by a natural
grandparent, aunt, uncle, or sibling of the individual or the spouse of a
natural grandparent, aunt, uncle, or sibling;



then for the purposes of interpretation or construction
of a disposition in any will, trust, or other lifetime instrument, whether
executed before or after the order of adoption, and for purposes of determining
heirs at law, the rights of the adopted individual and the individual's
descendants with respect to the individual's natural family shall not be
affected by the adoption, and they shall be included in any determination of
heirs or members of any class, unless specifically excluded by name or class.



(f)  An adopted individual, who by reason of subsection
(e) would be a member of two or more designations or classes pursuant to a
single instrument, both by relationship through a natural parent and through an
adoptive parent, shall be entitled to benefit by membership in only one of
these designations or classes, which shall be the larger share.



(g)  For purposes of this section, if a person
has been adopted more than once, the term "natural parent" includes
an adopting parent by an earlier adoption.



(h)  An individual legally adopted under the
laws of any state or territory of the United States or under the laws of any
nation shall be accorded the same rights and benefits in all respects as an
individual adopted under this chapter. [L 1905, c 83, §1; am L 1915, c 47, §3;
am L 1919, c 3, §1; RL 1925, §3041; RL 1935, §4527; RL 1945, §12278; am L 1953,
c 115, pt of §1; RL 1955, §331-16; HRS §578-16; am L 1976, c 194, §1(10) and c
200, pt of §1; gen ch 1985; am L 1992, c 148, §2]



 



Attorney General Opinions



 



  Natural first cousins who by adoption become uncle and niece
not disqualified to intermarry.  Att. Gen. Op. 62-49.



  For vital statistics purposes, an adoption has no effect on
the race of the adopted individual.  Att. Gen. Op. 83-3.



  Subsection (a) cited in discussion of hanai children.  Att.
Gen. Op. 93-1.



 



Case Notes



 



  Agreement of adoption not recorded, of no validity.  2 H.
660; 7 H. 273; 23 H. 241.



  L 1905, c 83 conferred right of inheritance on one adopted by
agreement prior to statute.  21 H. 304.  Adoptive child inherits through its
adoptive parent's father.  26 H. 439.  Adopted child can inherit through
adoptive parents and may be an heir of ancestor of adoptive parent.  42 H.
129.  Review of decisions on inheritance by adopted children.  42 H. 640.  Had
testator not desired the adopted child to be a natural child he could have so
drawn his will.  Id.  Presumed testator intended to follow the policy of the
law to treat adopted children as natural children, when such policy had its
origin before the will was  executed.  49 H. 273, 414 P.2d 925.  Adopted child
"issue" of testator's child.  Id.



  Adoption of adults is not authorized by statute.  24 H. 643.



  Adopted child is "lawful issue".  35 H. 104, aff'd
115 F.2d 956.



  Adoption decree severs relationship between child and
nonconsenting parent.  56 H. 462, 541 P.2d 13.