How can a birth certificate be deprived of the inheritance of the mother and child? 10

The birth certificate itself does not have the right to inheritance

1. There is a legal inheritance relationship between parents and children;

2. The decedent can make a will to specify the heirs, and the estates can be inherited from each other on the premise that no will is left.

1. Marriage Law of the People's Republic of China:

Article 24 Husband and wife have the right to inherit each other's inheritance.

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

Second, the Inheritance Law of the People's Republic of China:

Article 5 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 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 grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. 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" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Please, can you read it yourself?

If you do not have a birth certificate, you can have the right to inherit according to the legal inheritance as long as you can have proof of the relationship between you and the deceased, such as a family register. Article 1126 of the Civil Code (implemented on January 1, 2021) provides that the right of inheritance is equal between men and women. Article 1127 The inheritance shall be 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. 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.

Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Article 1129:Where a widowed daughter-in-law has fulfilled her primary obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the heir in the first order. Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work 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 inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

Article 1131:Appropriate inheritances may be distributed to persons other than heirs who rely on the support of the deceased, or to persons other than the heirs who have been supported by the heirs who have been sold to the heirs more. Article 1132:The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

To sum up the above, inheritance is required to have proof of the relationship between the heir and the decedent, and the law requires a birth certificate, but if there is no one, the same can be used to prove that other materials will be recognized, so when dealing with it, you need to combine the actual situation, so as to better protect your rights and interests.

The biological parents are usually Li Zhenzhi, who cannot inherit the inheritance of the stepchild. After the death of a child, the legal relationship with the biological parents has been extinguished and the stepchild cannot inherit the estate of the stepchild. According to the provisions of the Civil Code of the People's Republic of China, the relationship of rights and obligations between an adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of an adoption relationship.

Article 1111 of the Civil Code of the People's Republic of China: From the date of the establishment of the adoption relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship 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 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.

When the estate is divided, the fetus's share of inheritance shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance.

Legal basis: The People's Republic of China carries the Civil Code of the People's Republic of China

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.