Estate of McQuesten, In re

• Decision Date: 23 July 1990
• Docket Number: No. 89-337,89-337
• Citation: 133 N.H. 420,578 A.2d 335
• Parties: In re ESTATE OF Ena M. McQUESTEN.
• Court: New Hampshire Supreme Court

Page 335

578 A.2d 335

133 N.H. 420

In re ESTATE OF Ena M. McQUESTEN.

No. 89-337.

Supreme Court of New Hampshire.

July 23, 1990.

Law Offices of Randall E. Wilbert, Nashua (Randall E. Wilbert, on the brief and orally), for petitioners.

Hamblett & Kerrigan P.A., Nashua (Beth H. Davis orally and on the brief, and Mark R. LaFontaine, on the brief), for petitionee.

BROCK, Chief Justice.

The petitioners were adopted by their stepfather following the divorce of their natural parents and the remarriage of their mother. They now claim a right to inherit, through their deceased natural father, from the estate of their natural paternal grandmother. The Hillsborough County Probate Court (Cloutier, J.) denied the petitioners' claim, ruling that the right to take by representation was terminated by the adoption. For the reasons that follow, we affirm.

Sheree L. Faucher and Cathy L. Faucher, the petitioners, were born during the marriage of their natural parents, Robert A. McQuesten and Sandra A. Faucher (formerly Sandra A. McQuesten). When the marriage ended in divorce in 1963, custody of the petitioners was given to their mother, who later that same year married Bertrand Faucher. In 1968, when Sheree and Cathy were nine and seven years old, respectively, they were adopted by their stepfather with the consent of their natural father.

In 1971, Robert A. McQuesten died intestate and, in 1979, his mother, Ena M. McQuesten also died intestate. In December 1988, the petitioners filed notices of claim with the probate court, each seeking an amount equivalent to one-fourteenth (1/14) of the value of certain real estate owned by their natural paternal grandmother at the time of her death. The court denied the petitioners' claims, ruling "that the right to take by representation through their biological parent [was] terminated by the adoption...." The petitioners also filed a motion, which was not granted by the probate court, requesting access to their sealed adoption records.

On appeal, the petitioners argue that the probate court erred in denying their claims against their grandmother's estate. They contend that RSA 170-B:20 creates a special exception, applicable to stepparent adoptions, which permits them to inherit through their natural father. They further contend that the termination of the right to inherit through their natural father, who openly consented to the adoption of his children by their stepfather, was not in their "best interests" and violated principles of equity. In addition, the petitioners argue that a guardian ad litem should have been appointed by the probate court at the time of adoption to protect their financial interests. Finally, they claim that "good cause" exists to unseal their adoption records because their adoption was open and uncontested and because no living party to the adoption has expressed any objection.

We first address the petitioners' claim that the adoption statute creates an exception for stepparent adoptions, allowing the adopted child to inherit from the natural parent who has been otherwise dispossessed of any parental rights, privileges, duties or obligations. The petitioners argue that the exception can be found in the wording of RSA 170-B:20, V: "When the adopting parent is a stepparent, married to a natural parent, nothing contained in this section shall affect the rights of inheritance between the child and his natural parent or their collateral or lineal relatives." (Emphasis added.) The petitioners assert that because the legislature did not employ the phrase "his natural parent who is married to the stepparent," as it did in RSA 170-B:20, II, it was referring to the natural parent who was not part of the adoptive marriage. We disagree.

"Adoption was unknown at common law and is wholly statutory." Durivage v. Vincent, 102 N.H. 481, 483, 161 A.2d 175, 177 (1960). Therefore, our review of this claim is limited to an interpretation of what the legislature has enacted. Young v. Bridges, 86 N.H. 135, 138, 165 A. 272, 274 (1933). In interpreting the intent of the legislature, we look at words in the context of the statute as a whole. State Employees Ass'n v. Cheney, 119 N.H. 822, 826, 409 A.2d 775, 777 (1979).

RSA 170-B:20 contains five paragraphs. Paragraph I confers upon the adopted child and the adoptive parent or parents the same rights, privileges, duties and obligations, with respect to one another, as if the adopted child were born in wedlock to the adoptive parent or parents. RSA 170-B:20, I. Paragraph II, which complements paragraph I, removes from the natural parent or parents any of the rights, privileges, duties or obligations with respect to the adopted child. RSA 170-B:20, II. Paragraph II contains an exception, exempting from its provisions natural parents who are married to adoptive stepparents. RSA 170-B:20, II. Paragraphs III and IV specifically address inheritance rights. Paragraph III severs existing rights of inheritance between the adopted child and the natural parent or parents. RSA 170-B:20, III. Paragraph IV, complementing paragraph III, establishes rights of inheritance between the adopted child and the adoptive parent or parents. RSA 170-B:20, IV. Paragraph V is composed of several sentences, each dealing further with the effect of adoption upon testate or intestate property distribution. See RSA 170-B:20, V.

It is one of the sentences of paragraph V which provides the fuel for the petitioners' argument. The sentence calls for the continuation of inheritance rights, which would otherwise be severed by the provisions of paragraph III, between an adopted child and "his natural parent" in situations involving stepparent adoption. RSA 170-B:20, V. The question is whether "his natural parent" refers to the natural parent married to the stepparent, to the natural parent whose parental relationship with the adopted child has been legally terminated, or to both.

The provision clearly does not apply to both natural parents. The wording, "his natural parent," is in the singular. The adoption statute consistently makes reference to "natural parent or parents" where inclusion of both the natural father and the natural mother is intended. See RSA 170-B:20, I-V. If the legislature had sought to continue the inheritance rights between the adopted child and both natural parents, it undoubtedly would have employed similar language.

In determining which natural parent is referred to as "his natural parent," it is logical that the legislature would intend to preserve inheritance rights between an adopted child and the natural parent with whom he or she continues to have a familial relationship. This would be consistent with the exception contained in paragraph II. See RSA 170-B:20, II. Furthermore, it would be illogical to conclude that the legislature intended to continue inheritance rights between an adopted child and a natural parent who has had all other parental rights, privileges, duties and obligations legally terminated. See RSA 170-B:20, II, III.

In interpreting the adoption statute as a whole, we conclude that RSA 170-B:20, V allows the inheritance rights of the natural parent married to an adopting stepparent to remain unaffected by the adoption. It does not create an exception whereby inheritance rights may be preserved between an adoptive child and a natural parent who has been legally dispossessed of any continuing parental rights or duties.

Next, we consider the petitioners' claim that, despite the intent of the legislature, as expressed in the adoption statute, this court should promote their "best interests" and permit them to inherit from the estate of their natural paternal grandmother. The basis for making such a ruling, as argued by the petitioners, is that theirs was an "open" adoption, entered into with the knowledge and consent of their now deceased natural father. They argue that they should be permitted to inherit from their natural parents as well as their adoptive parents, which would be the result if this court applied principles of fairness and equity. We disagree.

We begin our review of this claim by noting that RSA 170-B:20, III-V, the provisions which address rights of inheritance after adoption, do not differentiate between cases based upon whether an...