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if a man gives up his rights to one child, and the mother remarries and the child is adopted by the new father when the biological father passes away. does that child have any rights to his estate?? in indiana. please advise.
I don't know IN law, and will not guess, but one way you can make sure that the child will NOT inherit is by preparing a Will, naming the child in the Will, and say you are leaving nothing to him. ("Although I am the biological father of John Doe, I am intentionally making no provision for him as I surrendered parental rights and he has been adopted by another.") That's the easiest and safest and kindest way.
If the biological father signed away his parental rights and was agreed upon by the courts, then he no longer is considered a parent to the child. If the new hubby adopts the child, then he is then the legal parent. If a termination of parental rights was done on the biological father, then no. The child would have no rights to the estate, as well as he would not have rights to the estate in any case since he was adopted by another man, the courts and government consider him the father.
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