Legal heirs, adopted children, do adopted children have legal inheritance rights

Updated on society 2024-04-09
5 answers
  1. Anonymous users2024-02-07

    Article 15 of the Adoption Law stipulates that "adoptions shall be registered with the people's ** civil affairs department at or above the county level. The adoptive relationship is established from the date of registration. The verbal "adopted son" of a man outside the home does not have the legal effect of adoption. Therefore, the "adopted son" has no right of inheritance.

    Since there is no will, the property shall be handled in accordance with the statutory inheritance. At the same time, Article 23 of the Adoption Law stipulates that "from the date of establishment of the adoption relationship, the relationship of 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 close kinship relationship between the child and the parents. "An adopted child who has been adopted in accordance with legal procedures is also a legal heir.

    Whether it is in the same household register is not a condition for obtaining inheritance rights. However, the household registration book is used as an important evidence to prove the biological child or adopted child.

  2. Anonymous users2024-02-06

    Adoption without legal procedures, only oral agreements, are not protected by law, and such adopted children cannot become legal heirs.

  3. Anonymous users2024-02-05

    Nope. The title itself is not very reasonable. Because of the violation of the adoption law. So this adopted son is not established.

  4. Anonymous users2024-02-04

    This adoptive relationship has no legal effect and no inheritance rights.

  5. Anonymous users2024-02-03

    Legal Analysis: Yes. The estate is inherited in the following order:

    1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

    For the purposes of this Part, the term "children" includes legitimate children, illegitimate Sakura children, adopted children, and dependent stepchildren.

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

    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 112 The inheritance shall be inherited in the following order: (1) the 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.

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