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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 parents and children;
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 a share of the appropriate 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.
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For adopted children, once the adoption relationship is established, the relationship between the adoptive parents and the adoptive children is fully applicable to the rights and obligations between the biological parents and the children.
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As long as there is an adoptive relationship or a stepchild who has a relationship of dependence, he or she can inherit the parent's estate. (Article 10 of the Inheritance Law).
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1. Can an adopted son inherit the property of his adoptive parents?
1. An adopted son can inherit the property of his adoptive parents. The law provides that the heirs in the first order of law are spouses, children and parents, where children include legitimate children, illegitimate children, adopted children and dependent stepchildren, and parents include biological parents, adoptive parents and dependent stepparents.
2. Legal basis: Article 1127 of the Civil Code of the People's Republic of China.
The estate is 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.
2. What should be paid attention to in determining the inheritance rights of adopted children.
1. The premise of confirming the inheritance right of adopted children is to see whether they have established an adoptive relationship with the decedent in accordance with the law;
2. Adopted children and biological children enjoy equal inheritance rights, and when the conditions are basically the same, the inheritance share is the same;
3. The adopted child has no right to inherit the inheritance of the biological parents;
4. If the adoptive child has fulfilled the obligation to support the adoptive parents and has more support for the biological parents, in addition to inheriting the inheritance of the adoptive parents, he can also share the appropriate inheritance of the biological parents;
5. An adoptive child who has dissolved the adoptive relationship cannot inherit the estate of his adoptive parents;
6. Adopted children who have not formally dissolved the adoption relationship still enjoy the right of inheritance.
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. >>>More
Legal analysis: The adoptive child can take the surname of the adoptive father or the adoptive mother, and the adoptive parents shall agree on the wilderness. It is a right of the adoptive parents to change the surname of the adoptive child after the adoption is established, and the biological parents have no right to interfere or obstruct it. >>>More
Your background is quite pitiful, so young by your biological parents to give away, but you are lucky, meet your current adoptive parents, so good to you, although there is no fertility grace but the parenting grace is greater, you try to avoid contact with your grandparents, to tell your adoptive parents, don't embarrass them, don't always quarrel with grandparents, family and everything is prosperous, don't make my family so unhappy because I am alone, isn't it a matter of property, (let your adoptive parents agree to the grandparents' request first.) , Make a will, and the will can only be made one, right, you can first make a copy to meet the requirements of your grandparents, and then make a copy of the true wishes of your adoptive parents, isn't that okay, this is not a deception, it is just a white lie). If you don't care about your adoptive parents' property, you can also make it clear to your grandparents and your adoptive parents face to face, I don't care about your property but feelings, so you can say it face to face to let your grandparents rest assured and your adoptive parents rest assured, don't worry about this, they raised you, and you have to go through this kind of pain, and you look very heartbroken,,, so you have to fight for it, come on, I hope it can help you.
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. >>>More
Marriage Law of the People's Republic of China.
It stipulates: "Parents have the obligation to raise and educate their children; Children have an obligation to support their parents". The obligation of maintenance that constitutes the above relationship. >>>More