2699o

If the [person] or persons who intend to adopt another should die once the proceeding has begun and even though the adoption decree has not yet been issued, the adoption shall be deemed as consented to. In those cases the court may approve the adoption; Provided, That, on the date of the death of the adopter or adopters, the adoptee has lived in the home of the aforesaid for at least six (6) months prior to their demise. The court shall notify the forced heirs and appoint a public defender for the adoptee and the proceedings shall continue their course until their completion. Should the forced heirs of the adopter or adopters wish to establish that deceased petitioner had desisted in consenting to the adoption between the period in which the petition was filed and his/her demise, they shall have the right to be heard in the adoption proceedings. In these cases the forced heirs of the deceased adopter or adopters shall bear the burden of proof. History —Jan. 19, 1995, No. 9, § 16.