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University of Missouri School of Law

Journal

2005

Adoption

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Disinheriting The Legal Orphan: Inheritance Rights Of Children After Terminations Of Parental Rights, Richard L. Brown Jan 2005

Disinheriting The Legal Orphan: Inheritance Rights Of Children After Terminations Of Parental Rights, Richard L. Brown

Missouri Law Review

This Article addresses the inheritance rights of these legal orphans. Part II of the Article outlines the nature of state termination of parental rights statutes, notes the effect of recent federal legislation on those proceedings, and describes the effect of various types of termination of parental rights statutes on the inheritance rights of the child. Part III(A) argues that barring a child's right to inherit from terminated parents contravenes the policies that underlie the child welfare system. Part III(B) argues that disinheritance of the children of terminated parents is also inconsistent with the broader scheme of intestate succession.