After the death of the adoptive parent, is the adoptive child entitled to inherit the adoptive paren

Question: My adoptive parents, Mr. and Mrs. Li, used to work in the army, married for many years, but still had no children, so they adopted me as their adopted son and changed their name to Li Xiaojun, and they liked me very much. In September 1995, when I was 12 years old, my adoptive mother passed away.

My adoptive father married Zhang in December 1996, and Zhang and the two sons she brought with her were very unfriendly to me and tried every possible means to get rid of me. In desperation, my adoptive father discussed with my biological father and decided to take care of me for the time being, and then take me back when the conflict at home was resolved. After I left, my adoptive father sent me money and other things.

I miss my adoptive father very much and hope to return to him as soon as possible. Unfortunately, in July 2002, my adoptive father also passed away in a car accident. When distributing the inheritance, Zhang did not allow me to inherit, saying that I was not Li's son, do I have the right to inherit?

Article 23 of China's Adoption Law clearly stipulates: "From the date of the establishment of the adoption relationship, the rights and obligations between the adoptive parents and the adoptive children shall be governed by the provisions of the law on the relationship between parents and children; The relationship of rights and obligations between the adoptive child and the close relatives of the adoptive parents shall be governed by the provisions of the law on the kinship between the child and the parents. The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship".

1) The legal relationship between the adoptive parents and the adoptive children is formed, and the rights and obligations between them are governed by the provisions of the law on the relationship between parents and children: Adult adoptive children have the obligation to support and support their adoptive parents; Adoptive parents have the obligation to raise and educate their adoptive children who are unable to live independently, and have the responsibility to discipline and protect their minor adoptive children; The adoptive child may take the surname of the adoptive father or adoptive mother; Adoptive parents and adoptive children are each other's first-order legal heirs and have the right to inherit each other's estates.

2) The rights and obligations between the adopted children and the close relatives of the adoptive parents are the same as those stipulated in the law regarding the close kinship relationship between the children and the parents. A fictitious grand-grandchild relationship is formed between an adoptive child and the parents of an adoptive parent, an adoptive sibling relationship is formed between the children of an adoptive parent, and a fictitious collateral blood relationship is also formed between a sibling of an adoptive parent.

3) The relationship of rights and obligations between the adopted child and the biological parents and their close relatives shall be extinguished by the establishment of the adoption relationship. However, the blood relationship between an adopted child and his or her natural blood relatives is an objective fact that cannot be eliminated. Therefore, the provisions of the Marriage and Family Law prohibiting the marriage of close relatives still apply to adopted children and their relatives who are directly related by natural blood and within three generations.

In this case, you, as an adopted son, have the right to participate in your adoptive father's funeral and inherit your adoptive father's estate.

Legal Analysis: The estate of the adoptive parents can be inherited by the adoptive children. The relationship between the adoptive child and the adopter is a legally fictitious parent-child relationship, but the legal consequences of this fictitious relationship are equivalent to that of the blood relationship between the biological parents and children.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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 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.

According to the provisions of Articles 1111, 1117 and 1131 of the Civil Code, from the date of the establishment of the adoption relationship, the rights and obligations between the adoptive parents and the adoptive children shall be governed by the provisions of the law on the relationship between the father and the mother and the child;

The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.

Accordingly, the rights and obligations between the adoptive child and the biological parents that have been registered in accordance with the law are extinguished by the establishment of the adoptive relationship, and the adopted child may inherit the estate of the adoptive parents in accordance with the law, but is no longer the legal heir of the biological parents, and cannot inherit the estate of the biological parents in accordance with the legal inheritance.

However, if the adoptee supports the biological parents more, he or she may receive an appropriate share of the inheritance of the biological parents.

However, if the biological parents made a will before their death, the entire estate will be donated to the adoptee.

Since the adoptive relationship can be dissolved, the relationship between the adoptive child and the biological parents is restored after the dissolution of the adoptive relationship, and if it is restored during the minor period, the child is reinstated as the legal heir of the biological parents, and can inherit the estate of the biological parents after the inheritance begins.

However, if the adoption relationship is dissolved after the adult termination, the status relationship between the parents and children is restored, and whether the relationship of rights and obligations is restored can be negotiated.

If it is determined through negotiation that the future adoptee will not inherit the estate of the biological parents after the death of the biological parents, the inheritance of the biological parents shall not be carried out according to the agreement.

An adoptive child is a first-order heir to the adoptive parents and is entitled to inherit the adoptive parent's estate.

According to the Inheritance Law of the People's Republic of China:

Article 9 Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandfather and parents.

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.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" as mentioned in this Law includes brothers and sisters of the same parents, half-brothers and sisters of the same father or mother, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support and support.

Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the distribution of the inheritance shall be made without distinction of simple or small share.

Where the heirs agree through consultation, it may also be unequal.

Where the adoptive relationship is established, the adoptive child may inherit the estate of the adoptive parents, and the children among the legal heirs include the adoptive children who have a relationship of support, and the provisions on the relationship between parents and children shall be governed by the provisions of the law on the relationship between parents and children from the date of the establishment of the adoptive relationship.

[Legal basis].

Article 1111 of the Civil Code of the People's Republic of China: From the date of the establishment of the adoptive relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adoptive children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents. The adoptive child's relationship with his biological parents and his close relatives was eliminated by the establishment of the adoption relationship.