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UNDER CERTAIN CIRCUMSTANCES AN ADULT MAY BE ADOPTED BY NOTARIAL ACT. HOW DO INHERITANCE RIGHTS CHANGE AS A RESULT OF ADOPTION?

 

 

(1) Inheritance Rights of Adopted Persons

 

a. Adoption During Minority

If the adopted person was or is a minor at the time of the adoption, the provisions of the Children's Code expressly provide that the adopted person retains his rights to inherit from his biological parents and other biological relatives. See Children's Code articles 1218 (regarding agency adoptions), 1240 (regarding private adoptions), 1256 (regarding intra-family adoptions) and 1283.15 (regarding adoptions of a foreign orphan).


b. Adult Adoption

On the other hand, in the event of an adult adoption, the rights of the adopted person to inherit from his biological parents and other relatives appear to be severed by the repeal of the text of the present Civil Code article 214. The only exception in the context of an adult adoption appears to be set forth in La. R.S. 9:461, as amended by Act 351, which provides generally that if the adoptive parent is married to a parent of the adopted person, the relationship of that parent and his relatives to the adopted person will remain unaltered and unaffected by the adoption.
 

(2) Inheritance Rights of Biological Parents and Other Relatives
 

a. Adoption During Minority

If the adopted person was or is a minor at the time of the adoption, the provisions of the Children's Code expressly provide that the any rights of the biological parents or other relatives to inherit from the adopted person are severed upon the adoption. See Children's Code articles 1218 (regarding agency adoptions), 1240 (regarding private adoptions), 1256 (regarding intra-family adoptions) and 1283.15 (regarding adoptions of a foreign orphan).
 

b. Adult Adoption

Although it is not entirely clear, it appears that any rights of the biological parents or other relatives to inherit from a person subject to an adult adoption are also severed upon the adoption. See La. R.S. 9:461 (as amended by Acts 2008, No. 351).

 

Dan D. Schaneville
Statewide Notary Education, LLC
dan@statewidenotaryedu.com
2842 Valcour Aime Ave.
Baton Rouge, LA 70820

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