Law of Wills, 2016A

final and its validity cannot now be attacked.
IV. Paternity
Finally, Child argues that even as a lawfully adopted child he may proceed with a paternity suit
against his natural father's estate. Paternity suits are not recognized as a common-law cause of action
in New Mexico. See State ex rel. Human Servs. v. Aguirre, 797 P.2d 317, 319 (N.M., Ct.App.1990).
Moreover, the primary purpose of paternity suits is to insure the putative father meets his obligation
to help support the child. Id. As previously noted, the legal effect of an order of adoption is to cause
the adopted child to be treated as if it were the natural child of the adoptive parents and thus
terminate the natural parent's duty to support such child. See In re Estate of Holt, 622 P.2d at 1034. It
therefore follows that if the adoption of a child is approved prior to the commencement of a
paternity suit, the paternity suit will not lie.
V. Conclusion
The district court properly considered the adoption decree and correctly concluded Child is legally
precluded from challenging his adoption at this late date. Since a lawfully adopted child does not
inherit from its natural parents, the district court's order dismissing the claim of heirship is affirmed,
and since a lawfully adopted child does not have a right to support from his natural parents, the
district court's order dismissing the paternity suit is affirmed.
Ellis v. West, 971 So. 2d 20 (Ala. 2007)
WOODALL, Justice.
Betty Ellis, as personal representative of the estate of her sister, Annie Laurie Pace, deceased,
appeals from a judgment for Joshua Adam Falls West and Jacob Wayne Falls West (“the children”),
by and through their adoptive mother and next friend, Agnes West, on the children's petition
asserting a claim in Pace's estate. We reverse and remand with directions.
The facts are undisputed. The decedent, Annie Laurie Pace, was the maternal great-grandmother of the
children, being the mother of Robert Pace, deceased, who was the father of Kelly Pace, who married
Ricky Falls in 1990. In April 1993, Kelly Pace Falls died, survived by her husband and the children.
On November 16, 1995, the children were adopted by their paternal grandmother, Agnes West, and her
husband, Albert West, the children's step grandfather.
Annie Laurie Pace died intestate on July 25, 2005, and letters of administration were issued to her
sister, Betty Ellis. Subsequently, the children, by and through Agnes West, filed in the probate court
a “petition for determination of heirship,” alleging that they are the “only surviving lineal
descendants of Annie Laurie Pace.” The petition sought an “order determining that [the children]
are the heirs and next-of-kin of [Annie Pace], and are entitled to inherit the estate of [Annie Pace].”
The proceeding was removed to the Jefferson Circuit Court.
On July 5, 2006, Ellis moved for a summary judgment, arguing that the children's petition had no
merit, based on Ala. Code 1975, § 43-8-48(1), which provides:
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