Can an adoptive son inherit the property of his adoptive father s family after finding his biologica

Updated on society 2024-02-26
6 answers
  1. Anonymous users2024-02-06

    After the adoptive son finds his biological parents, if the adoption relationship is dissolved, he cannot inherit the property of the adoptive father's family; Otherwise, it can be inherited.

    Article 24 of the Marriage Law provides that husband and wife have the right to inherit from each other.

    Parents and children have the right to inherit from each other.

    Article 25: Children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them.

    A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

    Article 26: The State protects lawful adoptive relationships. The rights and obligations between adoptive parents and adoptive children shall be governed by the relevant provisions of this Law on the relationship between parents and children.

    Article 26 of the Adoption Law: The adopter shall not dissolve the adoptive relationship until the adoptee reaches the age of majority, except where the adopter and the adopter agree to terminate the relationship, and the consent of the adopted child shall be obtained if the adopter is over 10 years old.

    Where the adopter does not perform the obligation to support the adopter and has abuse, abandonment, or other acts that infringe upon the lawful rights and interests of the minor adopted child, the adopter has the right to request that the adoptive relationship between the adoptive parents and the adoptive child be dissolved. Where the adopter or adopter cannot reach an agreement to dissolve the adoption relationship, they may file a lawsuit in the people's court.

    Article 27: Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, they may dissolve the adoption relationship by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.

    Article 28: Where the parties agree to terminate the adoption relationship, they shall go to the civil affairs departments to handle registration for the termination of the adoption relationship.

    Article 29: After the adoptive relationship is dissolved, the relationship of rights and obligations between the adopted child and the adoptive parents and other close relatives is to be eliminated, and the relationship of rights and obligations between the adoptive child and the biological parents and other close relatives is restored on its own, but whether the relationship of rights and obligations between the adult adoptive child and the biological parents and other close relatives is to be restored may be determined through consultation.

    Article 30: After the adoptive relationship is dissolved, adult adopted children who have been raised by their adoptive parents shall be paid living expenses to the adoptive parents who lack the ability to work and lack livelihood. Where the adoptive relationship is dissolved due to abuse or abandonment of the adoptive parents by the adoptive child after he or she reaches adulthood, the adoptive parents may request that the adoptive child compensate for the living and educational expenses incurred during the adoption period.

    Where the biological parents request the dissolution of the adoptive relationship, the adoptive parents may request that the biological parents appropriately compensate for the living expenses and educational expenses incurred during the adoption period, except where the adoptive parents have dissolved the adoptive relationship due to abuse or abandonment of the adoptive child.

  2. Anonymous users2024-02-05

    In the case of legal adoption, the adopted son is entitled to inherit the estate of the adoptive parents, but not to the estate of the biological parents.

  3. Anonymous users2024-02-04

    It should be inheritable.

  4. Anonymous users2024-02-03

    Legal analysis: According to the laws of our country, adopted children can inherit the estate of their adoptive parents, but they need to be analyzed on a case-by-case basis.

    Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

    Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

    Article 1126:Men and women are equal in inheritance rights.

    Article 1127 Inheritance shall be inherited in the following order:

    1) First order: spouse, children, parents;

    2) Second order: siblings, grandparents, maternal grandparents.

    After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

    The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

  5. Anonymous users2024-02-02

    As long as the adoptive relationship with the adoptive parents is not dissolved, the adoptive son can still inherit the adoptive parents' estate when he returns to the biological parents' home. A fictitious blood relative is a relative who is not originally related by blood, or who is not directly related by blood, but whose status is legally determined to be the same as that of a blood relative.

    Legal basis. Article 1115 of the Civil Code of the People's Republic of China: [Relationship deteriorates and the agreement is terminated before the incident] Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together quietly, the adoption relationship may be terminated by agreement. If no agreement can be reached, a lawsuit may be filed with the People's Court of Justice.

  6. Anonymous users2024-02-01

    Legal Analysis: The adoptive relationship complies with the laws and regulations of our country and can be legally protected by the law. An adopted child who has already gone through an adoptive relationship can inherit the estate of his adoptive parents.

    The term "children" in the context of heirs includes legitimate children, illegitimate children, adopted children and dependent stepchildren. If the decedent does not make a will, both the adopted son and the stepchild have the legal right to inherit the estate. Adopted sons have the right of inheritance.

    The legal status of adopted sons and biological children is equal, and both have equal inheritance rights, and both have the right to inherit their parents' estates. As long as the identity, conditions and registration procedures of both parties to the adoption are in accordance with the law, they are in a legal adoption relationship and can enjoy the right of inheritance in accordance with the law. OK.

    According to the relevant laws and regulations of China, legal inheritance includes legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship. The adopted child is the first-order heir to the decedent's estate.

    Legal basis: Article 1070 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who cannot live independently in a simple rented book.

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