For purposes of inheritance, a child is the child of the child’s biological or adopted mother, and the child and the child’s issue shall inherit from the child’s mother and the child’s maternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child’s issue. However, if a child has intended parents, as defined by Section 160.102 (Definitions), Family Code, under a gestational agreement validated under Subchapter I, Chapter 160 (Uniform Parentage Act), Family Code, the child is the child of the intended mother and not the biological mother or gestational mother unless the biological mother is also the intended mother.
This section does not permit inheritance by a child for whom no right of inheritance accrues under Section 201.056 (Persons Not in Being) or by the child’s issue.Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by:Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 11, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 6, eff. September 1, 2015.