Do Adopted Children Have The Same Rights to Inheritance As Biological Children?

​Adopted and Biological Children: Are They Equal In Terms of Inheritance Rights?

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In the Philippines, property inheritance laws must be followed when dividing inherited properties among children: legitimate, adopted, and even illegitimate. If you’re wondering whether adopted children have equal rights to inheritance as biological children, you’re in the right place. Many people have asked me this question, so let’s make this discussion easier to understand for the benefit of our readers.

How Properties Are Divided Among Children

The Philippine Inheritance Law is governed by Republic Act No. 386 of the New Civil Code. It states the rules on transmitting properties of the deceased to its heirs or children. The heirs refer to children, including the legitimate, illegitimate, and adopted - they are called forced heirs and are all entitled to equal partition of the estate. This law ensures all children get the obligatory portion of the estate left by their parents, with or without a will.
Three categories of children are described in the Philippine Inheritance Law. The legitimate children are those born within marriage, and they generally receive the biggest share among other children. The illegitimate children, on the other hand, are those born outside wedlock, and they get only a smaller portion of their parents’ estate. The adopted children are considered legitimate children as they went through legal adoption and, therefore, will also inherit from their adoptive parents’ estate.

Simplified Examples of Inheritance Shares

For example, legitimate children are entitled to half of the entire properties if a surviving spouse is still present to claim the other half of the estate. The actual share depends on the remaining forced heirs that are entitled to the estate. Illegitimate children will get half of the share of the legitimate child; if a legitimate child gets X share, an illegitimate child will receive X/2 share. Adopted children are entitled to the same portion as legitimate children; as per adoption laws, adopted children are considered legitimate children.
Overall, inheritance shares are determined depending on the composition of forced heirs and actual case details. While there may be some special considerations, child statuses such as illegitimate, legitimate, and adopted play a vital role in claiming inheritance rights. Children need to keep documentary proof or any official records such as birth certificates to ensure a successful claim of inheritance.

Final Thoughts

Forced heirship principles firmly guide the Philippine property inheritance laws for children, as described in the Civil Code. The main goal is to ensure that legitimate, illegitimate, and adopted children get their rightful shares from their parents’ estate. It’s highly advised to get a lawyer in case of disputes to properly handle the intricacies and address the specifics of your case.
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