Asked in Estate Planning, Adoption and Probate for Oklahoma

Q: I need help locating the Oklahoma statute about children who have been adopted out in regards to intestate succession.

I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or negates it?

1 Lawyer Answer
Charles Watts
Charles Watts
  • Family Law Lawyer
  • Licensed in Oklahoma

A: Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK Statutes) and other case law. This is a complicated maneuvering around in the statutes so contact a probate attorney for your best result.

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