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Section: 474.0060 Determination of relationship of parent and child--adopted person is child of adopting parent, exception--illegitimate child, relationship determined. RSMO 474.060


Published: 2015

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Missouri Revised Statutes













Chapter 474

Probate Code--Intestate Succession and Wills

←474.050

Section 474.060.1

474.070→

August 28, 2015

Determination of relationship of parent and child--adopted person is child of adopting parent, exception--illegitimate child, relationship determined.

474.060. 1. If, for purposes of intestate succession, a relationship of

parent and child must be established to determine succession by, through, or

from a person, an adopted person is the child of an adopting parent and not

of the natural parents, except that adoption of a child by the spouse of a

natural parent has no effect on the relationship between the child and such

natural parent.



2. In cases not covered by subsection 1 herein, a person born out of

wedlock is a child of the mother. That person is also a child of the father,

if either of the following occur:



(1) The natural parents participated in a marriage ceremony before or

after the birth of the child, even though the attempted marriage is void;



(2) The paternity is established by an adjudication before the death of

the father, or is established thereafter by clear and convincing proof,

except that the paternity established under this subdivision (2) is

ineffective to qualify the father or his kindred to inherit from or through

the child, unless the father has openly treated the child as his, and has not

refused to support the child.



(L. 1980 S.B. 637, A.L. 1981 S.B. 117)



Effective 6-10-81



*No continuity with § 474.060 as repealed by L. 1980 S.B. 637.







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