What? Children are not commodities to be bought and sold. Bills of sale have nothing to do with adoption and parental rights. This is not even like comparing apples to oranges (both are fruits) - they have absolutely nothing to do with one another. If parental rights were terminated (either voluntarily or involuntarily), the child no longer has any rights of inheritance from the biological parent. Instead, the child would look to the adopting parent and be treated as if the child were a natural/biological child of the adopting parent. However, there must be an order terminating parental rights. This may have been done with a piece of paper in 1963 but it is not a legal adoption in my view (although I have not seen the document). The exception would be if the biological parent makes a will leaving an inheritance to the biological child by name. If the biological parent died without a will then the adopted child has no rights to inherit. If the adopting parent dies without a will, then the adopted child and any other adopted or biological children of the adopting parent will inherit a share of the probate assets. However, since your post seems to suggest that some bogus document was passed between the biological and adopting parent, I will have to assume that no valid court order of adoption was ever entered. In that case, I supposed the child has a decision to make - depending on how the child will make out. If there was no valid adoption, then the biological child would still retain a right to inherit from the biological parent and would be entitled to a share of the biological parent's estate unless the biological parent made a will which expressly disinherited that child. However, the biological child would not have a right to inherit from the adopted parent. If the child does not want to inherit from the biological parent but wants to inherit from the adopted parent instead, then the adopted child would have to prove that their was an equitable adoption. Basically, the child would have to show that the adopted parent intended to adopt but just never got around to finalizing the adoption papers. Perhaps the document along with other evidence will provide an indication as to whether the adoptive parent intended to adopt the child.
Answered on Aug 14th, 2013 at 3:42 PM