Matter of Seaman

In Matter of Seaman, 78 N.Y.2d 451, 459, 583 N.E.2d 294, 576 N.Y.S.2d 838 [1991] the Court held, concerning the treatment of intrafamily adoptions in section 117 (1): "The issue's right to inherit from the natural family was severed, however, in 1963 when the Legislature severed the adopted child's right to so inherit. From this, it follows that when the Legislature restored the right of the adopted-out child to inherit from the natural family under the circumstances specified in Domestic Relations Law 117 (1) (e), it also restored the right of the adopted-out child's issue to do so" (id. at 456). As a result, the Court concluded that it was unnecessary for the Legislature to refer expressly to the adopted-out child's "issue" when enacting section 117 (1) (e). The statute implicitly restored inheritance rights to the issue of the adopted-out child when it restored them to the child (id. at 457).