Landis, J.
The administratrix of the estate of Glenn A. Scott, who died intestate, filed petition to determine heirship as between a second childless wife of [477]*477decedent and his natural son by a former marriage who was thereafter adopted by his paternal grandparents.
The question on this appeal is whether the natural child of an intestate who is adopted by others during his minority and before the enactment of the Probate Code of 19531 is precluded from inheriting2 from such intestate’s estate when such intestate died after the effective date of the New Probate Code providing, inter alia, “such child . . . shall cease to be treated as the child of his natural parents . . . for the purposes of intestate succession . . . . ” Under the prior law it has been held the act of adoption did not destroy the legal capacity to inherit from natural parents.3
The lower court in the instant proceedings adjudged decedent’s widow to be the sole and only heir of decedent and that the son was not entitled to any part of decedent’s estate. The son has appealed to this court.
Appellant’s first contention on this appeal is that the Probate Code of 1953 is not applicable to this case as [478]*478the legislature -did not intend §208 thereof to apply to adoptions already consummated, but only to adoptions decreed after the effective date of the act.
It is a well settled rule in Indiana that the rights of heirs are determined by the statutes of descent in force at the time of the intestate’s death. See: Griffis v. First Nat. Bank (1907), 168 Ind. 546, 81 N. E. 490; Brown, Executor et al. v. Critchell et al. (1887), 110 Ind. 31, 7 N. E. 888, 11 N. E. 486.
Appellant admits this may be true but says -the legislature did not intend to change the law of descent and distribution as to adopted children who were already adopted. Appellant has pointed to no ambiguity in the statute, but the language of the section is ■■ plain and understandable. Furthermore, appellant has offered no evidence that the legislative intent was what he contends it to have been. :
Appellant says that while the legislature-.may have had sufficient reason for desiring to change, the right of inheritance of minor children adopted undéf present-day law in order to solidify decrees of adoption and to minimize the adopted child ascertaining his . natural parentage, that these reasons do not apply to .-the case of appellant who, although a minor when adopted, allegedly always knew of his adoption and -was some forty-six years old when his natural father- died intestate.
Whether appellant “always knew of his adoption,” as he contends in his brief, we do not believe material, but we do note from the record that appellant was two years and fifty-one days old at the time of his adoption, and it does not appear to us very likely that at that tender age he knew of his adoption. Appellant’s observation that in this case appellant happened to be forty-six years of age when his natural father died [479]*479some, fórty-four years after his adoption- -by his grandparents at the age of two, can certainly, have no bearing upoh.'the policy behind the statutes governing the adoption. of ■ minors.
Appellant-concedes adoption statutes should be construed to carry out the beneficent purposes of the adoption institution and to protect the adopted child, but says that courts should be reluctant to construe a statute 'so- as to cut oif an adopted child’s interest of inheritance- from his natural parents. Appellant in his argument -overlooks the fact that while the statute does lessen.his opportunity of inheritance in one respect, it increases "his likelihood of inheritance in another respect. For the same statute provides for his inheriting directly from the collateral relatives of the adopting parents.
It is not our function as a court to consider which interest is greater or whether such a change is desirable, as that is a matter of policy for the legislature to determine, and with which within constitutional bounds we are not at liberty to interfere.
Appellant has cited §7, ch. 146, p. 438, of the Acts of 1941 (Burns’ §3-121, 1946 Replacement) as authority that an adopted child should continue to inherit from his natural parents, such statute providing in this respect:
“. . . Nothing in this act [§§3-115 — 3-125] shall be construed to prevent a legally adopted person from inheriting property from his or her natural parent or other kind.”
This statute of course was not in force at the time of appellant’s adoption in 1909, and appellant would ask that the 1941 statute be made thirty-one years retroactive to govern his inheritance from his natural [480]*480parents although he insists the later Probate Code of 1953 cannot have retroactive application to affect the same inheritance. However, in any event, if these two statutes are repugnant and irreconcilably in conflict as apparently contended by appellant, the later expression of the legislature controls and repeals the former act to the extent of the repugnancy. The 1941 Act is therefore not availing to appellant’s position.
Appellant has cited cases from other jurisdictions in support of his contention that the adopted child should be permitted to inherit from his natural parents, but these cases are not particularly helpful when examined in the light of the particular statutes involved and the facts therein appearing.
Appellant’s next contention is that appellant at the date of birth acquired an “accrued right” within the meaning of Burns’ §6-102 (Acts 1953, ch. 112, §102, p. 295), which provides that “. . . no accrued right, shall be impaired by its [the Probate Code of 1953] provisions.”
The appellant at the time of his birth did not have a vested right in the estate of the natural parent who was then living, as it is well established under the common law and statutory law of this state that although children may become heirs on the death of their parent, they do not have a vested interest as such children in the property of the parent during the parent’s lifetime, but may be disinherited. See: Nesbitt v. Trindle et al. (1878), 64 Ind. 183, 187.
Appellant concedes in his brief the words “accrued” and “vested” are sometimes used in the same sense, but here attempts to distinguish them. Appellant cites the case of In re Klapp’s Estate (1917), 197 Mich. 615, 164 N. W. 381, 382, L. R. A. 1918A 818, as supporting his contention that the law “irrevocably fixes . . . [the [481]*481natural child’s] status in that respect the moment he is born.” However, that case was based upon a Michigan statute providing that all issue shall inherit the property of their parents, and it is therefore inapplicable to the case before us.
We are unable to see how appellant had either a vested or accrued interest in the estate of his natural father at the time of appellant’s birth as he had only an expectancy therein which was dependent on the law in force at the time of such father’s death. See: Brown, Executor et al. v. Critchell et al. (1887), supra, 110 Ind. 31, 41, 11 N. E. 486, in which the rule is stated as follows:
“. . .
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Landis, J.
The administratrix of the estate of Glenn A. Scott, who died intestate, filed petition to determine heirship as between a second childless wife of [477]*477decedent and his natural son by a former marriage who was thereafter adopted by his paternal grandparents.
The question on this appeal is whether the natural child of an intestate who is adopted by others during his minority and before the enactment of the Probate Code of 19531 is precluded from inheriting2 from such intestate’s estate when such intestate died after the effective date of the New Probate Code providing, inter alia, “such child . . . shall cease to be treated as the child of his natural parents . . . for the purposes of intestate succession . . . . ” Under the prior law it has been held the act of adoption did not destroy the legal capacity to inherit from natural parents.3
The lower court in the instant proceedings adjudged decedent’s widow to be the sole and only heir of decedent and that the son was not entitled to any part of decedent’s estate. The son has appealed to this court.
Appellant’s first contention on this appeal is that the Probate Code of 1953 is not applicable to this case as [478]*478the legislature -did not intend §208 thereof to apply to adoptions already consummated, but only to adoptions decreed after the effective date of the act.
It is a well settled rule in Indiana that the rights of heirs are determined by the statutes of descent in force at the time of the intestate’s death. See: Griffis v. First Nat. Bank (1907), 168 Ind. 546, 81 N. E. 490; Brown, Executor et al. v. Critchell et al. (1887), 110 Ind. 31, 7 N. E. 888, 11 N. E. 486.
Appellant admits this may be true but says -the legislature did not intend to change the law of descent and distribution as to adopted children who were already adopted. Appellant has pointed to no ambiguity in the statute, but the language of the section is ■■ plain and understandable. Furthermore, appellant has offered no evidence that the legislative intent was what he contends it to have been. :
Appellant says that while the legislature-.may have had sufficient reason for desiring to change, the right of inheritance of minor children adopted undéf present-day law in order to solidify decrees of adoption and to minimize the adopted child ascertaining his . natural parentage, that these reasons do not apply to .-the case of appellant who, although a minor when adopted, allegedly always knew of his adoption and -was some forty-six years old when his natural father- died intestate.
Whether appellant “always knew of his adoption,” as he contends in his brief, we do not believe material, but we do note from the record that appellant was two years and fifty-one days old at the time of his adoption, and it does not appear to us very likely that at that tender age he knew of his adoption. Appellant’s observation that in this case appellant happened to be forty-six years of age when his natural father died [479]*479some, fórty-four years after his adoption- -by his grandparents at the age of two, can certainly, have no bearing upoh.'the policy behind the statutes governing the adoption. of ■ minors.
Appellant-concedes adoption statutes should be construed to carry out the beneficent purposes of the adoption institution and to protect the adopted child, but says that courts should be reluctant to construe a statute 'so- as to cut oif an adopted child’s interest of inheritance- from his natural parents. Appellant in his argument -overlooks the fact that while the statute does lessen.his opportunity of inheritance in one respect, it increases "his likelihood of inheritance in another respect. For the same statute provides for his inheriting directly from the collateral relatives of the adopting parents.
It is not our function as a court to consider which interest is greater or whether such a change is desirable, as that is a matter of policy for the legislature to determine, and with which within constitutional bounds we are not at liberty to interfere.
Appellant has cited §7, ch. 146, p. 438, of the Acts of 1941 (Burns’ §3-121, 1946 Replacement) as authority that an adopted child should continue to inherit from his natural parents, such statute providing in this respect:
“. . . Nothing in this act [§§3-115 — 3-125] shall be construed to prevent a legally adopted person from inheriting property from his or her natural parent or other kind.”
This statute of course was not in force at the time of appellant’s adoption in 1909, and appellant would ask that the 1941 statute be made thirty-one years retroactive to govern his inheritance from his natural [480]*480parents although he insists the later Probate Code of 1953 cannot have retroactive application to affect the same inheritance. However, in any event, if these two statutes are repugnant and irreconcilably in conflict as apparently contended by appellant, the later expression of the legislature controls and repeals the former act to the extent of the repugnancy. The 1941 Act is therefore not availing to appellant’s position.
Appellant has cited cases from other jurisdictions in support of his contention that the adopted child should be permitted to inherit from his natural parents, but these cases are not particularly helpful when examined in the light of the particular statutes involved and the facts therein appearing.
Appellant’s next contention is that appellant at the date of birth acquired an “accrued right” within the meaning of Burns’ §6-102 (Acts 1953, ch. 112, §102, p. 295), which provides that “. . . no accrued right, shall be impaired by its [the Probate Code of 1953] provisions.”
The appellant at the time of his birth did not have a vested right in the estate of the natural parent who was then living, as it is well established under the common law and statutory law of this state that although children may become heirs on the death of their parent, they do not have a vested interest as such children in the property of the parent during the parent’s lifetime, but may be disinherited. See: Nesbitt v. Trindle et al. (1878), 64 Ind. 183, 187.
Appellant concedes in his brief the words “accrued” and “vested” are sometimes used in the same sense, but here attempts to distinguish them. Appellant cites the case of In re Klapp’s Estate (1917), 197 Mich. 615, 164 N. W. 381, 382, L. R. A. 1918A 818, as supporting his contention that the law “irrevocably fixes . . . [the [481]*481natural child’s] status in that respect the moment he is born.” However, that case was based upon a Michigan statute providing that all issue shall inherit the property of their parents, and it is therefore inapplicable to the case before us.
We are unable to see how appellant had either a vested or accrued interest in the estate of his natural father at the time of appellant’s birth as he had only an expectancy therein which was dependent on the law in force at the time of such father’s death. See: Brown, Executor et al. v. Critchell et al. (1887), supra, 110 Ind. 31, 41, 11 N. E. 486, in which the rule is stated as follows:
“. . . all the property of a deceased person descends, or is otherwise disposed of, according to the law in force at the time of his death, ...”
And see: Morin v. Holliday (1906), 39 Ind. App. 201, 208, 77 N. E. 861, 862, in which it is stated:
“ . . . upon the death of an ancestor an ‘heir,’ ... is always appointed by law. The title is called into existence by the death of an ancestor, and its rights are governed by the law in force at the time of such death. ... It being within the province of the legislature to determine the rules of inheritance ... it [the legislature] may provide, ... as to who shall be heirs. ...”
Appellant next contends that §208 of the Probate Code, supra, as construed by the trial court is unconstitutional in that it discriminates between different classes of adoptees in an unreasonable and arbitrary manner.
It is true appellant has not cited the particular constitutional provisions he contends are violated by such statute, although he does state the statute “discriminates between different classes of adoptees in an unreasonable manner.” However, any [482]*482technical omissions by appellant in this respect we feel are waived by appellee by his failure to point them out, and by-the statement of appellee in his brief setting forth the specific constitutional provision, relied on by appellant as follows, to-wit:
“Appellánt takes the position that Article 1, Section '23 of the Constitution of the State of Indi- ' ana is violated. This section reads as follows:
“ ‘The General Assembly shall not grant to any citizen or class of citizens privileges or immunities, which, upon the same terms shall not equally belong to all citizens.’” (Appellee’s brief, pp. 35 and 36.)
Appellant cites no authorities in support of his contention that the statute is unconstitutional for arbitrarily discriminating* between different classes of adoptees except the cases of Hanley v. State Dept. of Conservation et al. (1955), 234 Ind. 326, 123 N. E. 2d 452, 126 N. E. 2d 879, and McErlain, Tr. v. Taylor (1934), 207 Ind. 240, 192 N. E. 260, 94 A. L. R. 1284, which involved the veterans’ fishing license law and the manual and mechanical laborers’ preference law. We of course have no quarrel with the general principles of law stated in such cases, and in the Hanley Case we should note it is stated (pp. 331, 332 of 234 Ind., pp. 453, 454 of 123 N. E. 2d) :
“In determining the constitutionality of the statute involved, we will indulge all reasonable presumptions in its favor. State ex rel. Harrison v. Menaugh et al. (1898), 151 Ind. 260, 266, 51 N. E. 117 and 357, [43 L. R. A. 408, 418]; Townsend v. State (1897), 147 Ind. 624, 47 N. E. 19, [37 L. R. A. 294]; Kirtley v. State (1949), 227 Ind. 175, 179, 84 N. E. 2d 712.
“Therefore, the burden is upon the attacker . . . to overcome the presumption noted. Weisenberger v. State (1931), 202 Ind. 424, 431, 175 N. E. 238.”
[483]*483Appellant, however, complains of discrimination in that the act prohibits adopted minors from inheriting from natural parents, but allows adopted adults still to inherit. However, the adoption of a minor is so different from the adoption of an adult as to form the basis of a valid classification. The minor placed for adoption is seeking the love, comfort and security of a home, and whether the child is old enough to comprehend such a want or need, the state, through its powers of protecting such children, can recognize and give voice to it. In the case of the adopted adult, the need .for a home and parents is of minor consideration. The adult is fully able to assert his own best interest, and no plausible reason requires that he turn his back on the person who has supplied the parental care during his minority. The adopted adult does not need safeguards to insure emotional security which properly in the interest of the general welfare should surround the child.. And the law for a number of years has recognized this difference, since for example, before a minor can be adopted, an investigation of the home must be conducted by a duly licensed child placement agency, and a supervisory period must expire, whereas no such mandatory requirement is applicable to the adoption of adults.4
[484]*484It has been urged that the failure of the intestate laws to make provision for adopted children to inherit from their natural parents will not break the ties with the natural parent, since the natural parent can still leave property to the child by will. However, this is no argument at all, for a stranger can also leave property to a child by will, but who would suggest the interest of strangers to adoptions was a threat to the adoption institution?
If inequities are to be sought for in the treatment given intestates by the legislature, the interest of a second childless spouse could be contrasted with that of a first childless spouse or a second spouse with children. Also, a second childless wife’s interest could be contrasted with that of a second childless husband (prior to the Probate Code of 1953), to name a few of the possibilities. These are all matters of legislative discretion, and it is not the province of this court to act as a super-legislature and re-enact the laws of descent as we would like them to be. We believe the foregoing section of the adoption statute under attack is a valid classification and is fair and reasonable when considered in the light of the purpose of the adoption of minors, which is to bring the adopted child a happy and contented home life with the love and security necessarily a part of it, rather than to hazard its interruption upon the forlorn chance that the adopted child might someday inherit something from a natural parent, who for one reason or another has not seen fit to continue his parental relationships to his child. Furthermore, we should respect the legislature’s wisdom in matters of this kind and not encroach upon its function in determining within proper limits what is good or bad for the social life of the state.
[485]*485[484]*484Appellant also complains of discrimination between [485]*485adopted minors whose natural parents die before the effective date of the Probate Code of 1953, supra, and adopted minors whose natural parents die thereafter. However, as previously discussed in this opinion, the law has long been well settled in this state that the law applicable at the date of death of the ancestor determines the devolution of his intestate property, and. we do not believe any valid contention can be made that the legislation being attacked is an unlawful discrimination in this respect. Otherwise, the legislature would be powerless to change the rules of descent to the disadvantage of an expectant heir.5
As to appellant’s last contention that the lower court’s construction of the statute constitutes an unconstitutional impairment of the obligation of contract, it might be seriously questioned whether this question has properly been raised.
However, appellant concedes he introduced no evidence of a contract in the lower court, and he cites no authority that the adoption proceedings and decree constitute a contract.
The interest of an adopted child in his natural parent’s estate even before the adoption of the Probate Code of 1953 was no stronger than that of a natural child in his natural parent’s estate. As previously treated, all interests of heirship are governed by the laws in force at the ancestor’s death, and who the heir shall be rests in the discretion of the legislature. Appellant had no contract right upon his adoption adjudg[486]*486ing that he was to receive a stipulated share of his natural .father’s estate. His natural father could have left him-property by will, by gift, or in any other legal method;- but the statutes of descent were subject to such modification as the legislature in its wisdom deemed proper, and appellant not being entitled to inherit under the laws in force at the, time of the intestate’s death, has no interest as an heir in such estate.
No error having been demonstrated, the judgment is affirmed.
Bobbitt, C. J., and Achor and Arterburn, JJ., concur.
Emmert, J., dissents with opinion.