Texas Estates Code Sec. 201.051: Maternal Inheritance

This section defines when a parent-child relationship exists for inheritance purposes through the maternal line. In general, it treats a child as the child of the child's biological or adopted mother. It also addresses a special rule for children with intended parents under a validated gestational agreement.

The Statutory Rule

Sec. 201.051. MATERNAL INHERITANCE.

(a) 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, Family Code, under a gestational agreement validated under Subchapter I, Chapter 160, 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.

(b) This section does not permit inheritance by a child for whom no right of inheritance accrues under Section 201.056 or by the child's issue.

Explanation

What it does: This section establishes the inheritance relationship between a child and the child's mother and maternal kindred.

General rule: For inheritance purposes, a child is treated as the child of the child's:

• biological mother, or
• adopted mother.

That relationship is reciprocal:

• the child (and the child's descendants) can inherit through the maternal line; and
• the mother and maternal relatives can inherit from the child (and the child’s descendants), subject to the rest of Chapter 201.

Gestational agreement rule: If the child has intended parents under a validated gestational agreement under the Texas Family Code, the child is treated as the child of the intended mother, not the biological or gestational mother, unless the biological mother is also the intended mother.

Limitation: This section does not create inheritance rights where inheritance is barred under Sec. 201.056.

Practice note: This section addresses inheritance through the maternal line. The parallel paternal provision is Sec. 201.052.